Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations 78691 

TEXAS—1997 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

*******

Dallas-Fort Worth, TX: 

Collin County 5 6 ................................................................ .................... Nonattainment ............... (5) Subpart 2/Serious. 

Dallas County 5 6 ............................................................... .................... Nonattainment ............... (5) Subpart 2/Serious. 

Denton County 5 6 ............................................................. .................... Nonattainment ............... (5) Subpart 2/Serious. 

Ellis County 5 6 .................................................................. .................... Nonattainment ............... (5) Subpart 2/Serious. 

Johnson County 5 6 ........................................................... .................... Nonattainment ............... (5) Subpart 2/Serious. 

Kaufman County 5 6 .......................................................... .................... Nonattainment ............... (5) Subpart 2/Serious. 

Parker County 5 6 .............................................................. .................... Nonattainment ............... (5) Subpart 2/Serious. 

Rockwall County 5 6 .......................................................... .................... Nonattainment ............... (5) Subpart 2/Serious. 

Tarrant County 5 6 ............................................................. .................... Nonattainment ............... (5) Subpart 2/Serious. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * * * 5Effective January 19, 2011. 

6A Redesignation Substitute was approved on November 8, 2016. 

* * * * * 

[FR Doc. 2016–26585 Filed 11–7–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2015–0609; FRL–9953–89– 

Region 6] 

Clean Air Act Redesignation Substitute 

for the Houston-Galveston-Brazoria 

1997 8-Hour Ozone Nonattainment 

Area; Texas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a 

redesignation substitute and making a 

finding of attainment for the revoked 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS) for the 

Houston-Galveston-Brazoria ozone 

nonattainment area (HGB area). 

DATES: This rule is effective on 

December 8, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2015–0609. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Tracie Donaldson, 214–665–6633, 

Donaldson.tracie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our May 25, 2016 

proposal (81 FR 33166). In that 

document we proposed to approve a 

redesignation substitute and make a 

finding of attainment for the 1997 8- 

hour ozone NAAQS for the HoustonGalveston-Brazoria ozone 

nonattainment area (HGB area). The 

redesignation substitute demonstration 

indicates that the area has attained the 

revoked 1997 8-hour ozone NAAQS due 

to permanent and enforceable emission 

reductions and that it will maintain that 

NAAQS for ten years from the date of 

the EPA’s approval of this 

demonstration. Final approval of the 

redesignation substitute results in the 

area no longer being subject to any 

remaining applicable anti-backsliding 

requirements, including nonattainment 

new source review, associated with the 

revoked NAAQS. In general, final 

approval of the redesignation substitute 

allows Texas to seek to revise the Texas 

SIP for the area to remove antibacksliding measures from the active 

portion of its SIP if it can demonstrate, 

pursuant to CAA section 110(1), that 

such revision would not interfere with 

attainment or maintenance of any 

applicable NAAQS, or any other 

requirement of the CAA. Because the 

EPA believes Texas does not need to 

revise its SIP to alter certain provisions 

for NNSR effective in the HGB area, the 

offset and threshold requirements 

applicable in the HGB area for NNSR 

will be automatically altered upon 

finalization of the redesignation 

substitute. 

We previously approved a HGB area 

redesignation substitute for the revoked 

1-hour ozone standard (80 FR 63429). In 

this action, we are also finalizing a nonsubstantive technical correction to 40 

CFR 81.344 to reflect this approval. 

We received comments on the 

proposal from five commenters. Our 

response to the comments are below. 

II. Response to Comments 

Comment: Three commenters 

recognized the progress of the area and 

the work of TCEQ in making such 

significant air quality improvements in 

the HGB area and urged the EPA to 

finalize this action to reflect the changes 

in the area. 

Response: We agree with the 

commenters that HGB area has made 

progress in meeting air quality 

standards. No changes were made to the 

final action based on these comments. 

Comment: One of the supportive 

commenters urged the EPA to approve 

revisions to the Texas SIP to reflect 

changes to certain provisions for the 

NNSR program effective in the HGB area 

as a result of the EPA’s approval of the 

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78692 Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations 

1See Section D of the TSD for this action in the 

docket for this rulemaking for additional 

information. 

2See Final Implementation Rule for 2008 Ozone 

Standard, 80 FR 12264, at 12299, footnote 83 and 

at 12304, footnote 91. 

redesignation substitute. The 

commenter also asserted that approval 

of the redesignation substitute will 

result in the area no longer being subject 

to any remaining applicable antibacksliding requirements. 

Response: Due to the drafting of the 

Texas SIP, no revision is necessary to 

alter NNSR requirements applicable in 

the HGB area following finalization of 

this redesignation substitute. The NNSR 

provisions in the existing Texas SIP 

contains a provision that crossreferences the designation of the area to 

40 CFR part 81. See 30 TAC section 

101.1(71). Because of the structure of 

this provision, the identification of an 

area’s classification, and thus the related 

major source thresholds and offset 

ratios, is updated without any 

additional revision to the SIP. 

Therefore, the EPA’s approval of the 

redesignation substitute automatically 

updates the applicable NNSR 

requirements. Following finalization of 

this rule, the NNSR requirements 

applicable in the HGB area will be in 

accordance with the HGB area’s current 

classification for the 2008 ozone 

NAAQS for newly permitted sources.1

We note that approval of this 

redesignation substitute does not relieve 

sources in the area of their obligations 

under previously established permit 

conditions.2 81 FR 33161, 33165. The 

Texas SIP includes a suite of approved 

permitting regulations for the Minor and 

Major NSR, which will continue to 

apply after approval of the redesignation 

substitute in the HGB area. Each of these 

programs has been evaluated and 

approved by EPA as consistent with the 

requirements of the CAA and protective 

of air quality, including the 

requirements at 40 CFR 51.160 whereby 

the TCEQ cannot issue a permit or 

authorize an activity that will result in 

a violation of applicable portions of the 

control strategy or that will interfere 

with attainment or maintenance of a 

national standard. So moving forward to 

a time when the HGB area has a 

marginal designation as the only 

applicable nonattainment designation, 

new sources and modifications will 

continue to be permitted and authorized 

under the existing SIP requirements if 

they are determined to be protective of 

air quality. We would also note that 

EPA has proposed to reclassify Houston 

from marginal to moderate for the 2008 

ozone NAAQS. 81 FR 66240, September 

27, 2016. 

The EPA agrees that approval of the 

redesignation substitute will result in 

the HGB area no longer being subject to 

the regulatory anti-backsliding 

requirements for the 1997 ozone 

standard established pursuant to the 

principles of CAA section 172(e). 

However, if an anti-backsliding 

provision is in the Texas SIP and needs 

to be changed to reflect the change in 

this area’s status, such change is subject 

to the SIP revision process, which in 

turn is subject to review under CAA 

sections 110 and 193, if applicable. To 

date, Texas has not submitted a SIP 

revision concerning any antibacksliding provisions for the EPA’s 

consideration. 

Comment: One commenter also 

recognized the progress and supported 

the action but wanted the EPA to clarify 

that the redesignation substitute will 

permanently eliminate the antibacksliding requirements for the 

revoked ozone NAAQS. 

Response: Following finalization of a 

redesignation substitute, an area is no 

longer subject to any remaining 

applicable anti-backsliding 

requirements associated with the 

specific revoked NAAQS, including the 

major source thresholds and offset ratios 

associated with the area’s classification 

under those standards. However, as 

noted previously, any changes to a SIP 

are subject to consistency checks with 

CAA sections 110(l) and 193, if 

applicable. Because the 1997 ozone 

NAAQS has been revoked, no new 

requirements associated with that 

NAAQS would come due at any future 

date. 

Comment: One commenter objected to 

the use of the redesignation substitute 

mechanism and the implications of such 

an action. The commenter incorporates 

by reference the relevant portions of a 

brief filed in a petition challenging the 

EPA’s promulgation of the redesignation 

substitute. See South Coast Air Quality 

Mgmt. Dist. v. EPA, No. 15–1115 (D.C. 

Cir.). They contend that the HGB area 

continues to have unhealthy levels of 

ozone pollution, therefore, raising the 

NNSR thresholds and lowering the 

offset requirements for the area is 

inappropriate. The commenter further 

states that our action will result ‘‘in 

great expense and inefficiency: because 

some sources will not prevent pollution, 

they and other sources may have to 

retrofit at greater expense.’’ The 

commenter asks the EPA to either 

disapprove the redesignation substitute 

or delay action until the underlying 

litigation is resolved. 

Response: The EPA disagrees with the 

commenter that it is inappropriate to 

approve redesignation substitutes for 

the Houston-Galveston-Brazoria area for 

the 1997 ozone standard. As the 

commenter noted, the EPA created the 

redesignation substitute in the 2008 

ozone SIP Requirements Rule as one of 

two acceptable procedures through 

which a state may demonstrate that it is 

no longer required to adopt any 

additional applicable requirements for 

an area which have not already been 

approved into the SIP for a revoked 

ozone NAAQS. 80 FR 12264, 12304 

(March 6, 2015). 

The EPA acknowledges that this rule 

has been challenged in the D.C. Circuit 

by the commenter. However, the rule 

has not been stayed pending resolution 

of the litigation, and as such, it is 

appropriate to continue to implement 

the 2008 ozone SIP Requirements Rule 

during the pendency of the litigation. 

The EPA believes the redesignation 

substitute is an appropriate mechanism 

because it serves as a successor to a 

redesignation to attainment, for which 

these areas would have been eligible if 

the EPA had not revoked the 1-hour and 

1997 ozone standards. For a more 

detailed description of why the EPA has 

determined the HGB area has met the 

redesignation criteria for the revoked 

1997 ozone standard, see 81 FR 33166 

for the proposal and Technical Support 

Document. Upon approval of a 

redesignation substitute, a state may 

request to revise its SIP to shift 

regulatory anti-backsliding requirements 

contained in the active portion of the 

SIP to the contingency measures portion 

of the SIP, subject to a showing of 

consistency with the general antibacksliding checks in CAA sections 

110(l) and 193 (if applicable). The EPA 

approval of the redesignation substitute 

has the same effect on these areas’ 

nonattainment regulatory antibacksliding requirements as would a 

redesignation to attainment for the 

revoked standard. The EPA believes 

that, under any view of anti-backsliding 

for a revoked standard, it should not 

mean imposing requirements greater 

than those that would apply if the 

standard had not been revoked. 

An approvable redesignation 

substitute must include more than a 

determination of attainment of the prior 

NAAQS, and show that it addresses 

redesignation criteria for that NAAQS. 

Moreover, the state remains subject to 

ongoing requirements to meet the new 

more stringent 2008 ozone standard in 

that area. In this context, the EPA 

believes finalizing this action is 

appropriate—it recognizes and supports 

Texas’s progress in having attained the 

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Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations 78693 

prior standards in the HGB area due to 

permanent and enforceable emissions 

reductions, and reinforces continued 

attainment by demonstrating that the 

HGB area can maintain the revoked 

standard. See 80 FR 12264, 12305. 

III. Final Action 

We find that Texas has successfully 

demonstrated it has met the 

requirements for approval of a 

redesignation substitute for the revoked 

1997 8-hour ozone NAAQS for the HGB 

area. We are approving the 

redesignation substitute for the HGB 

area based on our determination that the 

demonstration provided by the State of 

Texas shows that the HGB area has 

attained the revoked 1997 8-hour ozone 

NAAQS due to permanent and 

enforceable emission reductions, and 

that it will maintain that NAAQS for ten 

years from the date of the EPA’s 

approval of this demonstration. As we 

no longer redesignate nonattainment 

areas to attainment for the revoked 1997 

8-hour ozone NAAQS, approval of the 

demonstration serves as a redesignation 

substitute under the EPA’s 

implementing regulations. As a result of 

this action, Texas is no longer required 

to adopt any additional applicable 1997 

8-hour ozone NAAQS requirements for 

the area which have not already been 

approved into the SIP (40 CFR 

51.1105(b)(1)). It also allows the state to 

request that the EPA approve the 

shifting of planning and control 

requirements implemented pursuant to 

the 1997 ozone NAAQS from the active 

portion of the SIP to the contingency 

measures portion of the SIP, upon a 

showing of consistency with CAA 

sections 110(l) and 193 (if applicable) 

(40 CFR 51.1105(b)(2)). 

We are also finalizing a nonsubstantive technical correction to 40 

CFR 81.344 (Section 107 Attainment 

Status Designations for Texas) to reflect 

our previous approval of a HGB area 

redesignation substitute demonstration 

for the revoked 1-hour ozone standard. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011), this action 

is not a ‘‘significant regulatory action’’ 

and therefore is not subject to review by 

the Office of Management and Budget. 

For this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

a demonstration provided by the State 

of Texas and finds that the HGB area is 

no longer subject to the regulatory antibacksliding requirements under the 

principles of CAA section 172(e) for the 

revoked 1997 8-hour ozone NAAQS; 

and imposes no additional 

requirements. Accordingly, I certify that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule does not 

impose any additional enforceable 

duties, it 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). This rule also 

does not have a substantial direct effect 

on one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves a demonstration provided by 

the State of Texas and find that the HGB 

area is no longer subject to the 

regulatory anti-backsliding requirements 

under the principles of CAA section 

172(e) for the revoked 1997 8-hour 

ozone NAAQS; and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rule also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

The rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Additionally, this rule does not involve 

establishment of technical standards, 

and thus, the requirements of section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) do not apply. 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. The 

EPA has determined that this rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. 

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 January 9, 2017. 

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, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

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

Dated: October 27, 2016. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

40 CFR parts 52 and 81 are 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. Section 52.2275 is amended by 

adding paragraph (n) to read as follows: 

§ 52.2275 Control strategy and 

regulations: Ozone. 

* * * * * 

(n) Approval of Redesignation 

Substitute for the Houston-GalvestonBrazoria 1997 Ozone Nonattainment 

Area. EPA has approved the 

redesignation substitute for the 

Houston-Galveston-Brazoria 1997 ozone 

NAAQS nonattainment area submitted 

by the State of Texas on August 18, 

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78694 Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Rules and Regulations 

2015. The State is no longer being 

required to adopt any additional 

applicable 1997 ozone NAAQS 

requirements for the area. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.344 is amended: 

■ a. In the table for ‘‘Texas—Ozone (1- 

Hour Standard)’’ by revising the entries 

for ‘‘Houston-Galveston-Brazoria, TX’’ 

and revising footnote 4; and 

■ b. In the table for ‘‘Texas—1997 8- 

Hour Ozone NAAQS (Primary and 

Secondary)’’ by revising the entries for 

‘‘Houston-Galveston-Brazoria, TX’’ and 

adding footnote 7. 

The revisions and additions read as 

follows: 

§ 81.344 Texas. 

* * * * * 

TEXAS—OZONE 2

[11-Hour standard] 

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

*******

Houston-Galveston-Brazoria Area, TX: 

Brazoria County 4 ............................................................. .................... Nonattainment ............... 11/15/90 Severe-17. 

Chambers County 4 .......................................................... .................... Nonattainment ............... 11/15/90 Severe-17. 

Fort Bend County 4 ........................................................... .................... Nonattainment ............... 11/15/90 Severe-17. 

Galveston County 4 ........................................................... .................... Nonattainment ............... 11/15/90 Severe-17. 

Harris County 4 ................................................................. .................... Nonattainment ............... 11/15/90 Severe-17. 

Liberty County 4 ................................................................ .................... Nonattainment ............... 11/15/90 Severe-17. 

Montgomery County 4 ....................................................... .................... Nonattainment ............... 11/15/90 Severe-17. 

Waller County 4 ................................................................. .................... Nonattainment ............... 11/15/90 Severe-17. 

* * * * * * * 

1This date is October 18, 2000, unless otherwise noted. 

2The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in Texas except the San Antonio area where it is revoked effective April 15, 2009. 

* * * * * * * 4A Redesignation Substitute was approved on October 20, 2015. 

* * * * * 

TEXAS—1997 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date1 Type Date 1 Type 

*******

Houston-Galveston-Brazoria, TX: 

Brazoria County 7 ............................................................. .................... Nonattainment ............... (4) Subpart 2/Severe 15. 

Chambers County 7 .......................................................... .................... Nonattainment ............... (4) Subpart 2/Severe 15. 

Fort Bend County 7 ........................................................... .................... Nonattainment ............... (4) Subpart 2/Severe 15. 

Galveston County 7 ........................................................... .................... Nonattainment ............... (4) Subpart 2/Severe 15. 

Harris County 7 ................................................................. .................... Nonattainment ............... (4) Subpart 2/Severe 15. 

Liberty County 7 ................................................................ .................... Nonattainment ............... (4) Subpart 2/Severe 15. 

Montgomery County 7 ....................................................... .................... Nonattainment ............... (4) Subpart 2/Severe 15. 

Waller County 7 ................................................................. .................... Nonattainment ............... (4) Subpart 2/Severe 15. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * * * 4Effective October 31, 2008. 

* * * * * * * 7A Redesignation Substitute was approved on November 8, 2016. 

* * * * * 

[FR Doc. 2016–26586 Filed 11–7–16; 8:45 am] 

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