48318 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 

contacting the COTP or the COTP’s onscene representative on VHF–16 or via 

phone at 207–767–0303. 

(4) The ‘‘designated representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port to 

act on his behalf. The on-scene 

representative may be on a Coast Guard 

vessel, a Coast Guard Auxiliary vessel, 

or onboard a local or state agency vessel 

that is authorized to act in support of 

the Coast Guard. Additionally, the Coast 

Guard Auxiliary may be present to 

inform vessel operators of this 

regulation. 

(5) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

Dated: June 24, 2013. 

B.S. Gilda, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Northern New England. 

[FR Doc. 2013–19213 Filed 8–7–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0356; FRL—9842–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Victoria County, 1997 8-Hour Ozone 

Section 110 (a)(1) Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving revisions to the Texas 

State Implementation Plan (SIP). The 

submitted revisions include a 

maintenance plan for Victoria County, 

Texas, developed to ensure continued 

attainment of the 1997 8-hour National 

Ambient Air Quality Standard (NAAQS 

or standard). The Maintenance Plan 

meets the requirements of Section 

110(a)(1) of the Federal Clean Air Act 

(CAA or Act), EPA’s rules, and is 

consistent with EPA’s guidance. On 

March 12, 2008, EPA issued a revised 

ozone standard. Today’s action is being 

taken to address requirements under the 

1997 ozone standard. EPA is approving 

the revision pursuant to section 110 of 

the CAA. 

DATES: This rule is effective on October 

7, 2013 without further notice, unless 

EPA receives relevant adverse comment 

by September 9, 2013. If EPA receives 

such comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2007–0356, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• EPA Region 6 Contact Us Web site: 

http://epa.gov/region6/r6coment.htm. 

Please click on ’’6PD’’ (Multimedia) and 

select ’’Air’’ before submitting 

comments. 

• Email: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8:00 a.m. and 4:00 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2007– 

0356. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth W. Boyce, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–7259; fax number 

214–665–7263; email address 

boyce.kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

the EPA. 

Outline 

I. Background 

II. Analysis of the State’s Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 48319 

I. Background 

On March 3, 1978, under the 1977 

Clean Air Act (CAA) amendments, 

Victoria County, Texas, was designated 

a nonattainment area because it did not 

meet the National Ambient Air Quality 

Standards (NAAQS) for 1-hour ozone 

(43 FR 8962). As required by the CAA, 

the state of Texas submitted a State 

Implementation Plan (SIP) to the EPA in 

1979. This SIP outlined control 

measures to bring the area into 

attainment for the 1-hour ozone 

NAAQS. This SIP was approved by EPA 

in two actions, one in March 25, 1980 

(45 FR 19231) and another in August 13, 

1984 (49 FR 32180). An additional SIP 

revision for Victoria County was 

submitted to EPA on November 12, 

1992. This submission revised the air 

monitoring, reporting and record 

keeping requirements for VOC sources 

and was approved by EPA on March 7, 

1995 (60 FR 12438). 

On July 27, 1994, Texas submitted a 

request to redesignate Victoria County 

to attainment for the 1-hour ozone 

NAAQS. At the same time, Texas 

submitted the required ozone 

monitoring data and a maintenance plan 

to ensure the area would remain in 

attainment for ozone for a period of 10 

years. The maintenance plan submitted 

by Texas followed EPA guidance for 

limited maintenance areas, which 

provides relief for ozone areas that have 

design values less than 85% of the 

applicable standard. In this case, the 

applicable standard was the 1-hour 

ozone standard of 0.12 parts per million 

(ppm). At the time of the redesignation 

request, the design value for Victoria 

County was 0.100 ppm, well below the 

85% threshold of 0.106 ppm. EPA 

approved Texas’s request to redesignate 

to attainment Victoria County for the 

1-hour ozone NAAQS and the 

maintenance plan on March 7, 1995, 

with an effective date of May 8, 1995 (60 

FR 12453). 

Section 175A(b) of the CAA as 

amended in 1990 requires the state to 

submit a subsequent maintenance plan 

to EPA eight years after designation to 

attainment. The eight-year deadline for 

submittal was May 8, 2003. The state 

adopted a maintenance plan on 

February 5, 2003, and submitted the 

plan to EPA on February 18, 2003. EPA 

approved the maintenance plan revision 

on January 3, 2005 (70 FR 22). This 

submission satisfied the CAA 

requirement for the Victoria County 

1-hour ozone area. 

On April 30, 2004, EPA designated 

and classified areas for the 1997 8-hour 

ozone NAAQS, and published the final 

phase 1 rule for implementation of the 

1997 8-hour ozone NAAQS (69 FR 

23951). Victoria County was designated 

as attainment/unclassifiable for the 1997 

8-hour ozone standard, effective June 

15, 2004 (69 FR 23858), and was 

required to submit a 10-year 

maintenance plan under section 

110(a)(1) of the 1990 CAA Amendments 

and the phase 1 rule. On May 20, 2005, 

EPA issued guidance providing 

information regarding how a state might 

fulfill the maintenance plan obligation 

established by the Act and the Phase 1 

rule (Memorandum from Lydia N. 

Wegman to Air Division Directors, 

Maintenance Plan Guidance Document 

for Certain 8-hour Ozone Areas Under 

Section 110(a)(1) of Clean Air Act, May 

20, 2005). 

On March 7, 2007, TCEQ submitted a 

SIP revision to address the 110(a)(1) 

requirements. On July 28, 2010, Texas 

submitted a revision to the contingency 

portion of the Maintenance Plan. These 

submitted SIP revisions are intended to 

satisfy the section 110(a)(1) CAA 

requirements for Victoria County 1997 

8-hour ozone area. This SIP revision 

satisfies the section 110(a)(1) CAA 

requirements for a plan that provides for 

implementation, maintenance, and 

enforcement of the 1997 8-hour ozone 

NAAQS in the Victoria County, Texas, 

area. 

On December 22, 2006, the United 

States Court of Appeals for the District 

of Columbia Circuit issued an opinion 

that vacated EPA’s Phase 1 

Implementation Rule for the 1997 8- 

Hour Ozone Standard. (South Coast Air 

Quality Management District. v. EPA, 

472 F.3d 882 (D.C. Cir. 2006)). Petitions 

for rehearing were filed with the Court, 

and on June 8, 2007, the Court modified 

the scope of the vacatur of the Phase 1 

rule. See 489 F.3d 1245 (D.C. Cir. 2007), 

cert. denied, 128 S.Ct. 1065 (2008). The 

Court vacated those portions of the Rule 

that provide for regulation of the 1997 

8-hour ozone NAAQS nonattainment 

areas under Subpart 1 in lieu of Subpart 

2 and that allow backsliding with 

respect to new source review, penalties, 

milestones, contingency plans, and 

motor vehicle emission budgets. 

Consequently, the Court’s modified 

ruling does not alter any requirements 

under the Phase 1 implementation rule 

for the 1997 8-hour ozone NAAQS for 

maintenance plans. 

II. Analysis of the State’s Submittals 

In this action, EPA is approving the 

State’s maintenance plan for the 1997 

ozone NAAQS for the area of Victoria 

County, Texas because EPA finds that 

the Texas submittals meet the 

requirements of section 110(a)(1) of the 

CAA, EPA’s rule, and are consistent 

with EPA’s guidance. As required, the 

submitted plan provides for continued 

attainment and maintenance of the 1997 

ozone NAAQS in the area for 10 years 

from the effective date of the area’s 

designation as unclassifiable/attainment 

for the 1997 ozone NAAQS, and 

includes components illustrating how 

the area will continue in attainment of 

the 1997 ozone NAAQS and 

contingency measures. Our analysis of 

the State’s submission is discussed 

below. 

Section 110(a)(1) of the CAA does not 

explicitly state what is required for a 

maintenance plan, so the guidance 

suggested using CAA section 175A, 

which states the requirements for a 

maintenance plan, as a guide for states 

to use in developing their maintenance 

plans. The required components of a 

Maintenance Plan under CAA Section 

175A include: 

(a) An attainment inventory; 

(b) A maintenance demonstration; 

(c) Ambient air quality monitoring; 

(d) A contingency plan, and; 

(e) Verification of continued 

attainment. 

TCEQ has structured this 8-hour 

ozone maintenance plan around these 

components. 

(a) Attainment Inventory—The TCEQ 

has selected 2002 as ‘‘the attainment 

inventory’’ for purposes of 

demonstrating maintenance of the 8- 

hour ozone NAAQS in Victoria County. 

An attainment emissions inventory (EI) 

includes emissions of VOCs and NOX

during the time period associated with 

monitoring data showing attainment. 

VOC and NOX emissions are key 

components in the formation of ozone. 

As recommended by the EPA, the TCEQ 

selected 2002 as the attainment 

emission inventory base year because it 

is one of the three years on which the 

8-hour ozone designation was based. 

The 2002 VOC and NOX emissions for 

the Victoria County area were 

developed consistent with EPA 

guidance and are summarized in Tables 

2 and 3 in the following subsection. 

(b) Maintenance Demonstration—The 

March 7, 2007, submittal includes a 10- 

year maintenance plan for Victoria 

County. The maintenance 

demonstration is satisfied if the state 

demonstrates that future projected EIs 

are consistently less than the 2002 

attainment or baseline EI. The final 

projection year, 2014, was selected as 10 

years from the attainment year of 2004, 

and the intermediate year of 2010 was 

selected as a mid-point in the 10-year 

period to demonstrate continued 

reductions. These projected inventories 

were developed using EPA-approved 

methodologies. Please see the TSD for 

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48320 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 

more information on EPA’s review and 

evaluation of the State’s methodologies, 

modeling, inputs, etc., for developing 

the 2010 and 2014 projected emissions 

inventories. 

As recommended by EPA guidance, 

this demonstration: 

(i) Shows compliance and 

maintenance of the 8-hour ozone 

standard by assuring that current and 

future emissions of VOC and NOX

remain at or below attainment or 

baseline EI of 2002. The year 2002 was 

chosen as the baseline and attainment 

year because it is one of the most recent 

three years (i.e., 2002, 2003, and 2004) 

for which Victoria County has clean air 

quality data for the 8-hour ozone 

standard. 

(ii) Uses 2002 as the attainment year 

and includes future inventory projected 

years for 2010 and 2014. 

(iii) Identifies an ‘‘out year’’, at least 

10 years after the effective date of 

classification as attainment. 

(iv) Provides the following actual and 

projected emissions inventories for 

Victoria County. 

TABLE 2—TOTAL VOC EMISSIONS FOR 2002–2014 

[tpd] 

Source category 2002 VOC 

Emissions 

2004 VOC 

Emissions 

2010 VOC 

Emissions 

2014 VOC 

Emissions 

Nonroad Mobile ....................................................................................... 1 .21 1 .00 0 .64 0 .57 

Area ......................................................................................................... 6 .28 6 .31 6 .85 7 .23 

Point ......................................................................................................... 2 .60 3 .10 3 .30 3 .60 

Onroad Mobile ......................................................................................... 3 .29 2 .71 1 .78 1 .40 

Total .................................................................................................. 13 .38 13 .12 12 .57 12 .8 

TABLE 3—TOTAL NOX EMISSIONS FOR 2002–2014 

[tpd] 

Source category 2002 NOX

Emissions 

2004 NOX

Emissions 

2010 NOX

Emissions 

2014 NOX

Emissions 

Nonroad Mobile ....................................................................................... 2 .23 2 .02 1 .77 1 .51 

Area ......................................................................................................... 2 .56 2 .65 2 .90 3 .07 

Point ......................................................................................................... 13 .00 15 .00 16 .00 17 .00 

Onroad Mobile ......................................................................................... 11 .26 9 .72 4 .86 2 .90 

Total .................................................................................................. 29 .05 29 .39 25 .53 24 .48 

EPA finds that the future emissions 

levels in 2010 and 2014 are not 

expected to exceed the emissions levels 

in 2002. EPA notes that total NOX

emissions in 2004 were slightly higher 

than the base-year but, air quality 

monitoring data continued to show 

attainment. 

(c) Monitoring Network—The method 

chosen to verify continued attainment is 

the ambient air quality monitoring 

network. The ambient air monitoring 

sites will remain active at their present 

locations during the entire length of the 

maintenance plan period (2014) or if 

relocated or removed, will be done with 

EPA’s concurrence. This data will be 

quality controlled and submitted to EPA 

AIRS on a monthly basis. The Victoria 

County monitoring network consists of 

two ambient air monitors. The first 

monitor is located in the City of Victoria 

(CAMS 87) and is the monitor driving 

the area’s design value. The monitors 

are managed in accordance with 40 CFR 

Part 58, to verify the attainment status 

of the county. The second monitor 

located southeast of the City of Victoria 

(CAMS 602) became operational on July 

19, 2000. CAMS 602 is only run half a 

year each year and does not meet EPA 

requirements for data completeness for 

showing attainment. This additional 

monitoring network goes beyond the 

required minimum for Victoria County. 

Both monitors will be used to detect if 

and when levels have been exceeded for 

contingency measure triggering 

purposes. The State of Texas has 

committed in its maintenance plan to 

continue operation of an appropriate 

ozone monitoring network and to work 

with EPA in compliance with 40 CFR 

part 58 with regard to the continued 

adequacy of the network, if additional 

monitoring is needed, and when 

monitoring can be discontinued. The 

commitment is also to continue quality 

assurance according to the EPA 

regulations. 

(d) Contingency Plan—The 8-Hour 

Ozone phase 1 Rule requires the Section 

110(a)(1) maintenance plan include 

such contingency provisions as 

necessary to promptly address any 

violation of the NAAQS that occurs. The 

contingency plan will ensure that the 

contingency measures are adopted 

expeditiously once they are triggered. 

The maintenance plan should identify 

the events that would trigger the 

adoption and implementation of a 

contingency measure(s), the 

contingency measure(s) that would be 

adopted and implemented, and the 

schedule indicating the time frame by 

which the state would adopt and 

implement the measure(s). 

The Victoria contingency plan 

ensures that the contingency measures 

are adopted expeditiously if they are 

triggered. A series of early triggers have 

been established in order to effectuate 

appropriate and timely responses to 

indications of a possible future violation 

of the NAAQS. Thus, actions will be 

taken as follows to avoid a violation and 

potential redesignation to 

nonattainment. 

If Victoria County monitors a threeyear eight-hour ozone average at or 

above 82 parts per billion (ppb), the City 

of Victoria will institute a voluntary 

program with industry to reschedule, 

revise, or curtail activities during Ozone 

Advisory Days, which are EPA’s 

AIRNow Air Quality Index ‘‘Orange 

Days,’’ and are at or above 76 ppb. This 

program will be developed and 

available within 30 days after 

notification by the TCEQ that the 

contingency measure will be required. 

This program will be implemented as 

expeditiously as practicable, but no later 

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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 48321 

than 24 months after the Texas 

Commission on Environmental 

Quality’s (TCEQ) notification that the 

contingency measure is needed. 

If Victoria County monitors an eighthour ozone three-year average at or 

above 83 ppb, the TCEQ will work with 

the City of Victoria and the local Air 

Victoria Team to implement various 

voluntary control measures that may 

include: 

—substantially increasing the number of 

businesses notified on Ozone 

Advisory Days; 

—increasing the number of ozone public 

announcements; and 

—other voluntary control measures as 

identified in a letter from the City of 

Victoria, dated September 8, 2009. 

In the event that this contingency 

measure is triggered, Victoria County 

may also be expected to voluntarily 

implement further local control 

measures, and previous efforts to reduce 

ozone may need to be retained. This 

program will be developed and 

available within 30 days after 

notification by the TCEQ that the 

contingency measure will be required. 

This program will be implemented as 

expeditiously as practicable, but no later 

than 24 months after verified 

monitoring data indicate that the 

Victoria County three-year average of 

each annual fourth-highest daily 

maximum eight-hour ozone average is at 

or above 83 ppb. 

If air quality monitoring data indicate 

three or more exceedances of the 1997 

eight-hour ozone NAAQS (measured at 

0.08 parts per million) within one 

calendar year, the TCEQ will analyze air 

quality data, meteorological conditions, 

transport, and related factors in Victoria 

County to determine the cause of the 

exceedances. The TCEQ will notify the 

EPA of its findings. 

If air quality monitoring data indicate 

that Victoria County’s design value 

violates the 1997 eight-hour ozone 

NAAQS with a monitored value of 85 

ppb or above, the TCEQ is committing 

to implement specific contingency 

measures to promptly correct the 

violation. Those to be considered 

include but are not limited to the 

control measures identified below. In 

this maintenance plan, if contingency 

measures are triggered, TCEQ is 

committing to implement the 

appropriate contingency measures as 

expeditiously as practicable, but no later 

than 24 months after verified air quality 

monitoring data indicate that the 

Victoria County three-year average of 

each annual fourth-highest daily 

maximum eight-hour ozone average 

violates the 1997 eight-hour ozone 

NAAQS. 

Revision to 30 Texas Administrative 

Code (TAC) Chapter 117 Subchapter E, 

Division 4, to control rich-burn, gasfired, reciprocating internal combustion 

engines located in Victoria County to 

meet nitrogen oxides (NOX) emission 

specifications and other requirements to 

reduce NOX emissions and ozone air 

pollution. 

Inclusion of Victoria County in 30 

TAC Chapter 115 volatile organic 

compounds (VOC) rules for the control 

of crude and condensate storage tanks at 

upstream oil and gas exploration and 

production sites or midstream pipeline 

breakout stations with uncontrolled 

flash emissions greater than 25 tons per 

year. 

Inclusion of Victoria County in 30 

TAC Chapter 115 VOC rules for more 

stringent controls for tank fittings on 

floating roof tanks, such as slotted guide 

poles and other openings in internal and 

external floating roofs. 

Inclusion of Victoria County in 30 

TAC Chapter 115 VOC rules limiting 

emissions from landings of floating 

roofs in floating roof tanks. 

Inclusion of Victoria County in 30 

TAC Chapter 115 VOC rules for control 

of VOC emissions from degassing 

operations for storage tanks with a 

nominal capacity of 75,000 gallons or 

more storing materials with a true vapor 

pressure greater than 2.6 pounds per 

square inch absolute (psia), or with a 

nominal capacity of 250,000 gallons or 

more storing materials with a true vapor 

pressure of 0.5 psia or greater. Degassing 

vapors from storage vessels, transport 

vessels, and marine vessels would be 

required to vent to a control device until 

the VOC concentration of the vapors is 

reduced to less than 34,000 parts per 

million by volume as methane. 

Inclusion of Victoria County in 30 

TAC Chapter 114 rule for Texas Low 

Emission Diesel (TxLED) compliant 

marine diesel. 

The maintenance plan also identifies 

other potential measures deemed 

appropriate at the time as a result of 

advances in control technologies. These 

contingency measures and schedules for 

implementation satisfy EPA’s longstanding guidance on the requirements 

of section 110(a)(1) of continued 

attainment. Based on the above, we find 

that the contingency measures provided 

in the State’s Victoria County 8-hour 

Ozone maintenance plan are sufficient 

and meet the requirements of section 

110(a)(1) of the CAA. 

(e) Verification of Continued 

Attainment—To guarantee that 

attainment will be continued in the 

future, the State commits in the 

maintenance plan to track the progress 

of the maintenance plan by providing 

the EPA with an interim emissions 

inventory report for point, area, mobile 

and biogenic emissions of VOCs and CO 

in the Victoria area. In addition, Texas 

commits to verify the 8-hour ozone 

status through appropriate ambient air 

quality monitoring, and to quality 

assure air quality monitoring data 

according to federal requirements. Texas 

further demonstrates that it has the legal 

authority to implement and enforce all 

air quality measures needed to attain 

and maintain the 1997 8-hour ozone 

NAAQS. 

III. Final Action 

The TCEQ submitted the 1997 8-hour 

ozone NAAQS maintenance plan for 

Victoria County to EPA on March 7, 

2007 with revisions on July 28, 2010. 

EPA is approving these maintenance 

plan SIP revisions for Victoria County as 

meeting the requirements of CAA 

Section 110(a)(1) and EPA’s regulations 

and being consistent with EPA 

guidance. We have evaluated the State’s 

submittal and have determined that it 

meets the applicable requirements of the 

Clean Air Act and EPA regulations, and 

is consistent with EPA policy. 

Therefore, we are approving the request 

of TCEQ to revise the SIP for the 

Victoria County 8-hour ozone area. 

EPA is publishing this rule without 

prior proposal because we view this as 

a non-controversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on October 7, 2013 without 

further notice unless we receive adverse 

comment by September 9, 2013. If we 

receive adverse comments, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so now. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

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48322 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 

IV. 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, 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 Clean Air Act; 

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, 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. section 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 October 7, 2013. 

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, Intergovernmental relations, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: July 19, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. In § 52.2270, the second table in 

paragraph (e) entitled ‘‘EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP,’’ 

is amended by adding an entry at the 

end of the table to read as follows: 

§ 52.2270. Identification of plan. 

* * * * * 

(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 

*******

Victoria County 1997 8-Hour 

Ozone Maintenance Plan.

Victoria, TX ............................ 7/28/2010 8/8/2013 [Insert FR page 

number where document 

begins].

* * * * * 

[FR Doc. 2013–18885 Filed 8–7–13; 8:45 am] 

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