35136 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations 

■ 10. Add table 2 to subpart LLL of part 

63 to read as follows: 

TABLE 2 TO SUBPART LLL OF PART

63—1989 TOXIC EQUIVALENCY FACTORS (TEFS) 

Dioxins/Furans TEFs 1989 

2,3,7,8–TCDD ....................... 1 

1,2,3,7,8-PeCDD .................. 0.5 

1,2,3,4,7,8-HxCDD ............... 0.1 

1,2,3,6,7,8-HxCDD ............... 0.1 

1,2,3,7,8,9-HxCDD ............... 0.1 

1,2,3,4,6,7,8-HpCDD ............ 0.01 

OCDD ................................... 0.001 

2,3,7,8–TCDF ....................... 0.1 

1,2,3,7,8-PeCDF ................... 0.05 

2,3,4,7,8-PeCDF ................... 0.5 

1,2,3,4,7,8-HxCDF ................ 0.1 

1,2,3,6,7,8-HxCDF ................ 0.1 

1,2,3,7,8,9-HxCDF ................ 0.1 

2,3,4,6,7,8-HxCDF ................ 0.1 

1,2,3,4,6,7,8-HpCDF ............. 0.01 

1,2,3,4,7,8,9-HpCDF ............. 0.01 

OCDF .................................... 0.001 

[FR Doc. 2018–15718 Filed 7–24–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2017–0548; FRL–9981–17– 

OAR] 

RIN 2060–AU13 

Additional Air Quality Designations for 

the 2015 Ozone National Ambient Air 

Quality Standards—San Antonio, 

Texas Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is establishing initial air 

quality designations for the eight 

counties in the San Antonio-New 

Braunfels, Texas Core Based Statistical 

Area (CBSA) for the 2015 primary and 

secondary national ambient air quality 

standards (NAAQS) for ozone. The EPA 

is designating Bexar County as the San 

Antonio, Texas nonattainment area and 

the remaining seven counties as 

attainment/unclassifiable areas. The San 

Antonio, Texas nonattainment area is 

also being classified as Marginal by 

operation of law according to the 

severity of its air quality problem. Of the 

five classification categories, Marginal 

nonattainment areas have ozone levels 

that are closest to the ozone NAAQS at 

the time of designation. This action 

completes the initial designations for 

the 2015 ozone NAAQS. The EPA 

designated all other areas of the country 

for the 2015 ozone NAAQS in actions 

signed by the Administrator on 

November 6, 2017, and April 30, 2018. 

DATES: The effective date of this rule is 

September 24, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2017–0548. All 

documents in the docket are listed in 

the index at http://www.regulations.gov. 

Although listed in the index, some 

information is 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 in the docket or in hard 

copy at the EPA Docket Center, EPA 

WJC West Building, Room 3334, 1301 

Constitution Avenue NW, Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Office 

of Air and Radiation Docket and 

Information Center is (202) 566–1742. 

In addition, the EPA has established 

a website for rulemakings for the initial 

area designations for the 2015 ozone 

NAAQS at https://www.epa.gov/ozonedesignations. The website includes the 

EPA’s final designations, as well as 

designation recommendation letters 

from states and tribes, the EPA’s 120- 

letters notifying the states whether the 

EPA intends to modify the state’s 

recommendation, technical support 

documents, responses to comments and 

other related technical information. 

The public may also inspect this rule 

and state-specific technical support 

information in hard copy at EPA Region 

6, 1445 Ross Avenue, Suite 700, Dallas, 

Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Denise Scott, Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection Agency, Mail 

Code C539–01, Research Triangle Park, 

NC 27711, phone number (919) 541– 

4280, email: scott.denise@epa.gov or 

Carrie Paige, U.S. Environmental 

Protection Agency, Region 6, Mail Code: 

6MM–AB, 445 Ross Avenue, Dallas, TX 

75202, telephone (214) 665–6521, email: 

paige.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

The following is an outline of the 

preamble. 

I. Preamble Glossary of Terms and Acronyms 

II. What is the purpose of this action? 

III. What is ozone and how is it formed? 

IV. What are the 2015 ozone NAAQS and the 

health and welfare concerns they 

address? 

V. What are the CAA requirements for air 

quality designations? 

VI. What is the chronology for this 

designations rule and what guidance did 

the EPA provide? 

VII. What air quality data has the EPA used 

to designate the counties in the San 

Antonio-New Braunfels, Texas CBSA for 

the 2015 ozone NAAQS? 

VIII. What are the ozone air quality 

classifications? 

IX. Where can I find information forming the 

basis for this rule and exchanges 

between the EPA and the state? 

X. Environmental Justice Concerns 

XI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations and 

Regulatory Review 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

C. Paperwork Reduction Act (PRA) 

D. Regulatory Flexibility Act (RFA) 

E. Unfunded Mandates Reform Act 

(UMRA) 

F. Executive Order 13132: Federalism 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

I. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

K. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

L. Congressional Review Act (CRA) 

M. Judicial Review 

I. Preamble Glossary of Terms and 

Acronyms 

The following are abbreviations of 

terms used in the preamble. 

APA Administrative Procedure Act 

CAA Clean Air Act 

CFR Code of Federal Regulations 

CBSA Core Based Statistical Area 

DC District of Columbia 

EPA Environmental Protection Agency 

FR Federal Register 

NAAQS National Ambient Air Quality 

Standards 

NOX Nitrogen Oxides 

NTTAA National Technology Transfer and 

Advancement Act 

PPM Parts per million 

RFA Regulatory Flexibility Act 

UMRA Unfunded Mandate Reform Act of 

1995 

TAR Tribal Authority Rule 

U.S. United States 

U.S.C. United States Code 

VOC Volatile Organic Compounds 


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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations 35137 

1See 80 FR 65296; October 26, 2015, for a 

detailed explanation of the calculation of the 3-year 

8-hour average and 40 CFR part 50, Appendix U. 

II. What is the purpose of this action? 

The purpose of this action is to 

announce and promulgate initial area 

designations for the eight counties in 

the San Antonio-New Braunfels, Texas 

CBSA with respect to the 2015 primary 

and secondary NAAQS for ozone, in 

accordance with the requirements of 

Clean Air Act (CAA) section 107(d). The 

EPA is designating Bexar County as the 

San Antonio, Texas nonattainment area 

and the remaining seven counties as 

attainment/unclassifiable areas. With 

this designation action, the EPA has 

completed the initial designations for all 

areas of the country for the 2015 ozone 

NAAQS. 

In addition, this action announces the 

classification for the San Antonio, Texas 

nonattainment area as Marginal. The 

classification occurs by operation of law 

at the time of designation based on the 

severity of the area’s ozone air quality 

problem. The classification categories 

are Marginal, Moderate, Serious, Severe 

and Extreme. The EPA established the 

air quality thresholds that define the 

classifications in a separate rule titled, 

‘‘Implementation of the 2015 National 

Ambient Air Quality Standards for 

Ozone: Nonattainment Area 

Classifications Approach’’ 

(Classifications Rule) (83 FR 10376; 

March 9, 2018). 

The list of the areas being designated 

in this action appears in the regulatory 

table for Texas included at the end of 

this final rule. This table, which will 

amend 40 CFR part 81, identifies the 

designation for each area and the 

classification for the nonattainment 

area. 

The EPA is basing the designations on 

the most recent 3 years of certified 

ozone air quality monitoring data 

(2015–2017) and on an evaluation of 

factors to assess contributions to 

nonattainment in nearby areas. State 

areas designated as nonattainment are 

subject to planning and emission 

reduction requirements as specified in 

CAA part D. Requirements vary 

according to an area’s classification. On 

November 17, 2016, the EPA proposed 

an implementation rule for the 2015 

ozone NAAQS (81 FR 81276). The EPA 

anticipates issuing the final 

implementation rule in 2018. This final 

implementation rule, along with 

additional forthcoming tools and 

guidance documents related to 

provisions for regulatory relief to 

address background and international 

ozone concentrations, should help 

nonattainment areas to address these 

emissions in state plans. In particular, 

the EPA recognizes that the information 

provided by Texas regarding likely 

future ozone trends and the role of 

international transport may provide an 

avenue to help the state demonstrate 

this area attains the 2015 ozone NAAQS 

by the attainment date or is otherwise 

entitled to regulatory relief. 

III. What is ozone and how is it formed? 

Ground-level ozone is a gas that is 

formed by the reaction of volatile 

organic compounds (VOCs) and oxides 

of nitrogen (NOX) in the atmosphere in 

the presence of sunlight. These 

precursor emissions are emitted by 

many types of pollution sources, 

including power plants and industrial 

emissions sources, on-road and off-road 

motor vehicles and engines and smaller 

sources, collectively referred to as area 

sources. Ozone is predominately a 

summertime air pollutant. However, 

high ozone concentrations have also 

been observed in cold months, where a 

few areas in the western United States 

(U.S.) have experienced high levels of 

local VOC and NOX emissions that have 

formed ozone when snow is on the 

ground and temperatures are near or 

below freezing. Ozone and ozone 

precursors can be transported to an area 

from sources in nearby areas or from 

sources located hundreds of miles away. 

For purposes of determining ozone 

nonattainment area boundaries, the 

CAA requires the EPA to include areas 

that contribute to nearby violations of 

the NAAQS. 

IV. What are the 2015 ozone NAAQS 

and the health and welfare concerns 

they address? 

On October 1, 2015, the EPA revised 

both the primary and secondary NAAQS 

for ozone to a level of 0.070 parts per 

million (ppm) (annual fourth-highest 

daily maximum 8-hour average 

concentration, averaged over 3 years).1

The level of both the primary and 

secondary ozone NAAQS previously set 

in 2008 is 0.075 ppm. The 2015 ozone 

NAAQS retain the same general form 

and averaging time as the 2008 ozone 

NAAQS. 

The primary ozone standards provide 

protection for children, older adults, 

people with asthma or other lung 

diseases and other at-risk populations 

against an array of adverse health effects 

that include reduced lung function, 

increased respiratory symptoms and 

pulmonary inflammation; effects that 

contribute to emergency department 

visits or hospital admissions; and 

mortality. The secondary ozone 

standards protect against adverse effects 

to the public welfare, including those 

related to impacts on sensitive 

vegetation and forested ecosystems. 

V. What are the CAA requirements for 

air quality designations? 

When the EPA promulgates a new or 

revised NAAQS, the EPA is required to 

designate all areas in the country as 

nonattainment, attainment or 

unclassifiable, pursuant to section 

107(d)(1) of the CAA. Section 

107(d)(1)(A)(i) of the CAA defines a 

nonattainment area as, ‘‘any area that 

does not meet (or that contributes to 

ambient air quality in a nearby area that 

does not meet) the national primary or 

secondary ambient air quality standard 

for the pollutant.’’ If an area meets 

either prong of this definition, states 

should recommend and the EPA is 

obligated to designate the area as 

‘‘nonattainment.’’ CAA section 

107(d)(1)(A)(ii) defines an attainment 

area as any area that does not meet the 

definition of nonattainment and that 

meets the NAAQS. CAA section 

107(d)(1)(A)(iii) provides that any area 

that the EPA cannot designate on the 

basis of available information as 

meeting or not meeting the standards 

should be designated as 

‘‘unclassifiable.’’ Historically for ozone, 

the EPA has designated most areas that 

do not meet the definition of 

nonattainment as ‘‘unclassifiable/ 

attainment.’’ This category includes 

areas that have air quality monitoring 

data meeting the NAAQS and areas that 

do not have monitors but for which the 

EPA has no evidence that the areas may 

be violating the NAAQS or contributing 

to a nearby violation. In the 

designations for the 2015 ozone 

NAAQS, the EPA has reversed the order 

of the label to be attainment/ 

unclassifiable to better convey the 

definition of the designation category 

and so that the category is more easily 

distinguished from the separate 

unclassifiable category. In a few 

instances, based on circumstances 

where some monitoring data are 

available but are not sufficient for a 

determination that an area is or is not 

attaining the NAAQS, the EPA has 

designated an area as ‘‘unclassifiable.’’ 

Section 107(d)(1)(B) of the CAA 

requires the EPA to issue initial area 

designations within 2 years of 

promulgating a new or revised NAAQS. 

However, if the Administrator has 

insufficient information to make these 

designations within that time frame, the 

EPA has the authority to extend the 

deadline for designation decisions by up 

to 1 additional year. 

By not later than 1 year after the 

promulgation of a new or revised 


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2This view was confirmed in Catawba County v. 

EPA, 571 F.3d 20 (D.C. Cir. 2009). 

3The EPA previously issued two guidance 

memoranda related to designating areas of Indian 

country that also apply for designations for the 2015 

ozone NAAQS. (See December 20, 2011, 

memorandum from Stephen D. Page, Director, 

Office of Air Quality Planning and Standards, to 

Regional Air Directors, Regions I–X, titled, ‘‘Policy 

for Establishing Separate Air Quality Designations 

for Areas of Indian Country’’ and December 20, 

2011, memorandum from Stephen D. Page, Director, 

Office of Air Quality Planning and Standards, to 

Regional Air Directors, Regions I–X, titled, 

‘‘Guidance to Regions for Working with Tribes 

during the National Ambient Air Quality Standards 

(NAAQS) Designations Process.’’) 

4Although the EPA commonly uses the term 

‘‘counties’’ when speaking of designations, we note 

that the reference to ‘‘counties’’ also includes noncounty administrative or statistical areas that are 

comparable to counties. For example, Louisiana 

parishes; the organized boroughs of Alaska; the 

District of Columbia and the independent cities of 

the states of Virginia, Maryland, Missouri and 

Nevada are equivalent to counties for 

administrative purposes. In addition, Alaska’s 

Unorganized Borough is divided into 10 census 

areas that are statistically equivalent to counties. 

NAAQS, each state governor is required 

to recommend air quality designations, 

including the appropriate boundaries 

for areas, to the EPA. (See CAA section 

107(d)(1)(A).) The EPA reviews those 

state recommendations and is 

authorized to make any modifications 

the Administrator deems necessary. The 

statute does not define the term 

‘‘necessary,’’ but the EPA interprets this 

to authorize the Administrator to 

modify designation recommendations 

that are inconsistent with the statutory 

language, including modification of 

recommended boundaries for 

nonattainment areas that are not 

supported by the facts or analysis. If the 

EPA intends to modify a state’s 

recommendation, section 107(d)(1)(B) of 

the CAA requires the EPA to notify the 

state of any such intended modifications 

not less than 120 days prior to the EPA’s 

promulgation of the final designation. 

These notifications are commonly 

known as the ‘‘120-day letters.’’ If the 

state does not agree with the EPA’s 

intended modification, the 120-day 

period provides an opportunity for the 

state to demonstrate to the EPA why it 

believes any modification proposed by 

the EPA is inappropriate. If a state fails 

to provide any recommendation for an 

area, in whole or in part, the EPA must 

promulgate a designation that the 

Administrator deems appropriate. 

The terms ‘‘contributes to’’ and 

‘‘nearby’’ in the definition of a 

nonattainment area are not defined in 

the statute and the EPA has discretion 

to interpret these ambiguous terms, 

based on considerations such as the 

nature of a specific pollutant, the types 

of sources that may contribute to 

violations, the form of the relevant 

NAAQS and any other relevant 

information. The EPA does not interpret 

the statute to require the agency to 

establish bright line tests or thresholds 

for what constitutes ‘‘contribution’’ or 

‘‘nearby’’ for purposes of designations.2

Section 301(d) of the CAA authorizes 

the EPA to approve eligible Indian tribes 

to implement provisions of the CAA on 

Indian reservations and other areas 

within the tribes’ jurisdiction. The 

Tribal Authority Rule (TAR) (40 CFR 

part 49), which implements section 

301(d) of the CAA, sets forth the criteria 

and process for tribes to apply to the 

EPA for eligibility to administer CAA 

programs. The designations process 

contained in section 107(d) of the CAA 

is included among those provisions 

determined to be appropriate by the 

EPA for treatment of tribes in the same 

manner as states. Under the TAR, tribes 

generally are not subject to the same 

submission schedules imposed by the 

CAA on states. As authorized by the 

TAR, tribes may seek eligibility to 

submit designation recommendations to 

the EPA. 

VI. What is the chronology for this 

designations rule and what guidance 

did the EPA provide? 

On February 25, 2016, the EPA issued 

guidance for states and tribal agencies to 

use for purposes of making designation 

recommendations as required by CAA 

section 107(d)(1)(A). (See February 25, 

2016, memorandum from Janet G. 

McCabe, Acting Assistant 

Administrator, to Regional 

Administrators, Regions 1–10, titled, 

‘‘Area Designations for the 2015 Ozone 

National Ambient Air Quality 

Standards’’ (Designations Guidance)). 

The Designations Guidance provided 

the anticipated timeline for designations 

and identified important factors that the 

EPA recommended states and tribes 

consider in making their 

recommendations and that the EPA 

intended to consider in promulgating 

designations. These factors include air 

quality data, emissions and emissionsrelated data, meteorological data, 

geography/topography and 

jurisdictional boundaries. In the 

Designations Guidance, the EPA asked 

that states and tribes submit their 

designation recommendations, 

including appropriate area boundaries, 

to the EPA by October 1, 2016.3 In the 

guidance, the EPA indicated the agency 

expected to complete the initial 

designations for the 2015 ozone NAAQS 

on a 2-year schedule, by October 1, 

2017, consistent with CAA 

107(d)(1)(B)(i). 

On November 6, 2017, the EPA 

designated about 85 percent of the 

counties in the U.S., including tribal 

lands within those counties.4 Consistent 

with the EPA’s Tribal Designation 

Guidance, the EPA designated two areas 

of Indian country as separate areas. 

On December 4, 2017, a coalition of 

environmental and health organizations 

filed suit against the EPA claiming that 

the EPA failed to meet its mandatory 

obligation to designate all areas of the 

U.S. for the 2015 ozone NAAQS by 

October 1, 2017. American Lung 

Association, et al v. Pruitt (N.D. Cal. No. 

4:17–cv–06900). A coalition of 15 states 

also filed a similar suit on December 5, 

2017. State of California v. Pruitt (N.D. 

Cal. No. 4:17–cv–06936). In a March 12, 

2018, order, the court granted the 

motions in part and ordered the EPA ‘‘to 

promulgate final designations for all 

areas of the country except for the eight 

undesignated counties composing the 

San Antonio area no later than April 30, 

2018’’ and ‘‘to promulgate final 

designations for the San Antonio area 

no later than 127 days from the date of 

this order.’’ Thus, the designation 

deadline for the San Antonio area was 

set to July 17, 2018. 

On March 19, 2018, the EPA sent a 

120-day letter to the Governor of Texas 

notifying the state of the EPA’s 

preliminary response to the state’s 

recommendations for the eight counties 

in the San Antonio-New Braunfels, 

Texas CBSA. The EPA requested that 

Texas submit by May 11, 2018, any 

additional information the state wanted 

the EPA to consider in making final 

designation decisions for the area. 

Although not required by section 

107(d)(2)(B) of the CAA, the EPA also 

provided a 30-day public comment 

period specific to this area (83 FR 

13719; March 30, 2018). The comment 

period closed on April 30, 2018. 

On April 30, 2018, the EPA 

designated all remaining undesignated 

areas except the eight counties in the 

San Antonio area (83 FR 25776; June 4, 

2018). 

This action designating the eight 

counties in the San Antonio area 

completes the initial designations for 

the 2015 ozone NAAQS. The ADDRESSES

section earlier in this preamble provides 

detail on where to find the information 

supporting this designation action and 

the prior two actions. 

VII. What air quality data has the EPA 

used to designate the counties in the 

San Antonio-New Braunfels, Texas 

CBSA for the 2015 ozone NAAQS? 

The final ozone designations for the 

counties in the San Antonio-New 


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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations 35139 

5The air quality design value for the 8-hour 

ozone NAAQS is the 3-year average of the annual 

4th highest daily maximum 8-hour average ozone 

concentration. See 40 CFR part 50, Appendix U. 

Braunfels, Texas CBSA are based on air 

quality monitoring data from the 3 most 

recent years of certified data, which are 

2015–2017. Under 40 CFR 58.16, states 

are required to report all monitored 

ozone air quality data and associated 

quality assurance data within 90 days 

after the end of each quarterly reporting 

period, and under 40 CFR part 

58.15(a)(2) states are required to submit 

annual summary reports and a data 

certification letter to the EPA by May 1 

for ozone air quality data collected in 

the previous calendar year. On March 

19, 2018, when the EPA notified Texas 

of the EPA’s intended designations for 

the San Antonio area, the most recent 

certification obligation was for air 

quality data from 2016. On May 1, 2018, 

Texas submitted certified air quality 

monitoring data for 2017. The violating 

monitors for the 2015–2017 period are 

the same monitors that showed 

violations for the 2014–2016 period. 

VIII. What are the ozone air quality 

classifications? 

In accordance with CAA section 

181(a)(1), each area designated as 

nonattainment for the ozone NAAQS is 

classified by operation of law at the 

same time as the area is designated by 

the EPA. Under subpart D of title I of the 

CAA, state planning and emissions 

control requirements for ozone are 

determined, in part, by a nonattainment 

area’s classification. The ozone 

nonattainment areas are classified based 

on the severity of their ozone levels (as 

determined based on the area’s ‘‘design 

value,’’ which represents air quality in 

the area for the most recent 3 years).5

The five classification categories are 

Marginal, Moderate, Serious, Severe and 

Extreme. Nonattainment areas with a 

‘‘lower’’ classification have ozone levels 

that are closer to the standard than areas 

with a ‘‘higher’’ classification. Areas in 

the lower classification levels have 

fewer and/or less stringent mandatory 

air quality planning and control 

requirements than those in higher 

classifications. On March 9, 2018 (83 FR 

10376), the EPA published the 

Classifications Rule that establishes the 

ozone level threshold for each 

classification for the 2015 ozone 

NAAQS. Each nonattainment area’s 

design value, based on the most recent 

3 years of certified air quality 

monitoring data, is used to establish the 

classification for the area. See Table 1. 

TABLE 1—CLASSIFICATION THRESHOLDS FOR THE 2015 OZONE NAAQS (0.070 ppm) 

Nonattainment area classification 

8-Hour ozone 

design value 

(ppm) a

Marginal ...................................................................................... from ............................................................................................ 0.071 

up to b ......................................................................................... 0.081 

Moderate ..................................................................................... from ............................................................................................ 0.081 

up to b ......................................................................................... 0.093 

Serious ........................................................................................ from ............................................................................................ 0.093 

up to b ......................................................................................... 0.105 

Severe-15 .................................................................................... from ............................................................................................ 0.105 

up to b ......................................................................................... 0.111 

Severe-17 .................................................................................... from ............................................................................................ 0.111 

up to b ......................................................................................... 0.163 

Extreme ....................................................................................... equal to or above ....................................................................... 0.163 

a parts per million. b but not including. 

The most recent 3 years of certified air 

quality monitoring data for Bexar 

County, Texas are from the period 

2015–2017. The ozone design value is 

0.074 ppm. Therefore, in accordance 

with Table 1 above, the San Antonio, 

Texas nonattainment area is classified 

by operation of law as a Marginal area 

for the 2015 ozone NAAQS. The 

regulatory table for Texas included at 

the end of this action provides the 

classification for the nonattainment 

area. 

IX. Where can I find information 

forming the basis for this rule and 

exchanges between the EPA and the 

state? 

Information providing the basis for 

this action is provided in the docket for 

this rulemaking. The applicable EPA 

guidance memoranda and copies of 

correspondence regarding this process 

between the EPA and the state and other 

parties are also available for review at 

the EPA Docket Center listed above in 

the addresses section of this document, 

and on the EPA’s ozone designation 

website at https://www.epa.gov/ozonedesignations. State-specific information 

is also available from the EPA Region 6 

office at the address at the beginning of 

this Preamble. 

X. Environmental Justice Concerns 

When the EPA establishes a new or 

revised NAAQS, the CAA requires the 

EPA to designate all areas of the U.S. as 

either nonattainment, attainment or 

unclassifiable. This final action 

addresses designation determinations 

for eight counties in Texas for the 2015 

ozone NAAQS. Seven counties are being 

designated as attainment/unclassifiable 

and one county is being designated as 

nonattainment. In addition, the 

nonattainment area is being classified as 

Marginal according to the severity of its 

ozone air quality problem. Area 

designations address environmental 

justice concerns by ensuring that the 

public is properly informed about the 

air quality in an area. In locations where 

air quality does not meet the NAAQS, 

the CAA requires relevant state 

authorities to initiate appropriate air 

quality management actions to ensure 

that all those residing, working, 

attending school or otherwise present in 

those areas are protected, regardless of 

minority and economic status. 

XI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is exempt from review by 

the Office of Management and Budget 

because it responds to the CAA 

requirement to promulgate air quality 

designations after promulgation of a 

new or revised NAAQS. 


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35140 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is not an Executive Order 

13771 regulatory action because actions 

such as air quality designations after 

promulgating a new revised NAAQS are 

exempt from review under Executive 

Order 12866. 

C. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. This action fulfills the nondiscretionary duty for the EPA to 

promulgate air quality designations after 

promulgation of a new or revised 

NAAQS and does not contain any 

information collection activities. 

D. Regulatory Flexibility Act (RFA) 

This designation action under CAA 

section 107(d) is not subject to the RFA. 

The RFA applies only to rules subject to 

notice-and-comment rulemaking 

requirements under the Administrative 

Procedure Act (APA), 5 U.S.C. 553, or 

any other statute. Section 107(d)(2)(B) of 

the CAA explicitly provides that 

designations are exempt from the 

notice-and-comment provisions of the 

APA. In addition, designations under 

CAA section 107(d) are not among the 

list of actions that are subject to the 

notice-and-comment rulemaking 

requirements of CAA section 307(d). 

E. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538 and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

F. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states or on the 

distribution of power and 

responsibilities among the various 

levels of government. The division of 

responsibility between the federal 

government and the states for purposes 

of implementing the NAAQS is 

established under the CAA. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications. It will neither impose 

substantial direct compliance costs on 

federally recognized tribal governments, 

nor preempt tribal law. There are no 

tribes affected by this action. 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying to those regulatory 

actions that concern environmental 

health or safety risks that the EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

I. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

The documentation for this 

determination is contained in Section X 

of this preamble, ‘‘Environmental 

Justice Concerns.’’ 

L. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the U.S. This 

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

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

M. Judicial Review 

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

petitions for judicial review of this 

action must be filed in the U.S. Court of 

Appeals for the appropriate circuit by 

September 24, 2018. Under section 

307(b)(2) of the Act, the requirements of 

this final action may not be challenged 

later in civil or criminal proceedings for 

enforcement. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: July 17, 2018. 

Andrew R. Wheeler, 

Acting Administrator. 

For the reasons set forth in the 

preamble, 40 CFR part 81 is amended as 

follows: 

PART 81—DESIGNATIONS OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 2. In § 81.344, the table titled 

‘‘Texas—2015 8-Hour Ozone NAAQS 

(Primary and Secondary)’’ is amended 

by: 

■ a. Adding an entry for San Antonio, 

TX before the entry for Rest of State; 

■ b. Adding an entry for Atascosa 

County before the entry for Austin 

County; 

■ c. Adding an entry for Bandera 

County before the entry for Bastrop 

County; 

■ d. Adding an entry for Comal County 

before the entry for Comanche County; 

■ e. Adding an entry for Guadalupe 

County before the entry for Hale County; 

■ f. Adding an entry for Kendall County 

before the entry for Kenedy County; 

■ g. Adding an entry for Medina County 

before the entry for Menard County; and 

■ h. Adding an entry for Wilson County 

before the entry for Winkler County. 

The additions read as follows: 

§ 81.344 Texas. 

* * * * * 


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Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations 35141 

TEXAS—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

*******

San Antonio, TX ................................................................................................. 9/24/2018 Nonattainment .. 9/24/2018 Marginal. 

Bexar County.

* * * * * * * 

Rest of State: 

* * * * * * * 

Atascosa County ......................................................................................... 9/24/2018 Attainment/ 

Unclassifiable.

* * * * * * * 

Bandera County .......................................................................................... 9/24/2018 Attainment/ 

Unclassifiable.

* * * * * * * 

Comal County ............................................................................................. 9/24/2018 Attainment/ 

Unclassifiable.

* * * * * * * 

Guadalupe County ...................................................................................... 9/24/2018 Attainment/ 

Unclassifiable.

* * * * * * * 

Kendall County ............................................................................................ 9/24/2018 Attainment/

Unclassifiable.

* * * * * * * 

Medina County ............................................................................................ 9/24/2018 Attainment/ 

Unclassifiable.

* * * * * * * 

Wilson County ............................................................................................. 9/24/2018 Attainment/

Unclassifiable.

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

[FR Doc. 2018–15919 Filed 7–24–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0226; FRL–9979–81] 

Florasulam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of florasulam in 

or on teff forage, teff grain, teff hay, and 

teff straw. Interregional Research Project 

Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective July 

25, 2018. Objections and requests for 

hearings must be received on or before 

September 24, 2018, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2017–0226, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 


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