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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101477-101479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29436]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2020-0434; FRL-12215-02-R6]

Determination of Attainment by the Attainment Date for the 2010 
1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard; 
Texas; Freestone-Anderson and Titus Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is finalizing our determination 
that the sulfur dioxide (SO2) nonattainment area (NAA) in 
Freestone and Anderson Counties and the SO2 NAA in Titus 
County have each attained the 2010 1-hour primary SO2 
national ambient air quality standard (NAAQS) by the applicable 
attainment date of January 12, 2022. This determination is based on 
primary source shutdowns, available ambient air quality monitoring data 
from the 2019-2021 monitoring period, relevant modeling analysis, and 
additional emissions inventory information. This final action will 
address the EPA's obligation under CAA section 179(c) to determine 
whether the Freestone-Anderson and Titus SO2 NAAs attained 
the 2010 1-hour primary SO2 NAAQS by the statutory 
attainment date of January 12, 2022, for each area.

DATES: This rule is effective on January 15, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2020-0434. All documents in the docket are 
listed on the https://www.regulations.gov website. 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. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: James E. Grady, EPA Region 6 Office, 
Regional Haze and SO2 Section, (214) 665-6745; 
[email protected]. Please call or email Mr. Grady above or call Mr. 
Bill Deese at 214-665-7253 if you need alternative access to material 
indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' mean ``the EPA.''

I. Background

    The background for this action is discussed in detail in our 
September 3, 2024, proposed action (89 FR 71230). In that document, we 
proposed to determine that the Freestone-Anderson and Titus NAAs 
attained the 2010 1-hour primary SO2 NAAQS by the statutory 
attainment date of January 12, 2022. This satisfies the obligation 
under CAA section 179(c) which required EPA to issue a determination 
within 6 months of the attainment date (i.e., by July 12, 2022). Our 
proposed determination was based on EPA's previous clean data 
determination (CDD) published on May 14, 2021; \1\ the permanent and 
enforceable shutdowns of the primary sources of SO2 
emissions in these areas; the available modeling analysis demonstrating 
that the Big Brown Steam Electric Station in Freestone County and the 
Monticello Steam Electric Station in Titus County were responsible for 
almost 100 percent of the SO2 impacts on the maximum modeled 
concentrations in each respective area; review of emissions data 
showing emissions within the Freestone-Anderson and Titus NAA's have 
been reduced by nearly 100 percent with the retirements of Big Brown 
and Monticello Steam Electric Stations in 2018 and that no other 
sources remain that are contributing to a violation of the 
SO2 NAAQS in those NAAs; and the Freestone County and Welsh 
monitors' reported 2019-2021 design values of 5 ppb (7 percent of the 
standard) and 19 ppb (25 percent of the standard) providing additional 
evidence that these areas are in attainment.
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    \1\ 86 FR 26401 (May 14, 2021) (effective June 14, 2021).
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II. Response to Comments

    The public comment period for our proposed determination of 
attainment by the attainment date expired on October 3, 2024. We 
received two comments total; \2\ one from the Texas Commission on 
Environmental Quality (TCEQ) supporting our proposed action; and one 
that was outside the scope of this action and not related to the 
SO2 NAAs or our proposed determination. TCEQ's comment 
included a request that EPA act on the Redesignation Request and 
Maintenance Plan SIP revision submitted on March 3, 2022, and we plan 
to act on that SIP submittal in a separate action in the future. Since

[[Page 101478]]

there were no adverse comments received, we are finalizing our action 
as proposed.
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    \2\ The full text of the comments is available in the docket for 
this action.
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III. Final Action

    The EPA is finalizing our determination that the SO2 NAA 
in Freestone and Anderson Counties and the SO2 NAA in Titus 
County have each attained the 2010 1-hour primary SO2 NAAQS 
by the applicable attainment date of January 12, 2022. This 
determination is based on primary source shutdowns, available ambient 
air quality monitoring data from the 2019-2021 monitoring period, 
relevant modeling analysis, and additional emissions inventory 
information. This fulfills EPA's obligation under CAA section 179(c) to 
determine whether the NAAs attained the SO2 NAAQS by the 
statutory attainment date.
    This action does not constitute a redesignation of the Freestone-
Anderson and Titus NAA's to attainment of the 2010 1-hour 
SO2 NAAQS under section 107(d)(3) of the CAA. The Freestone-
Anderson and Titus NAA's will remain designated nonattainment for the 
2010 1-hour SO2 NAAQS until EPA revises the area's 
designation under CAA section 107(d)(3).

IV. Environmental Justice Considerations

    Information on Executive Order 12898 (Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations, 59 FR 7629, February 16, 1994) and how EPA defines 
environmental justice (EJ) can be found in the section titled ``V. 
Statutory and Executive Order Reviews.'' EPA provided additional 
analysis of EJ associated with this action for the purpose of providing 
information to the public in the September 3, 2024, proposed action (89 
FR 71230). This action is finalizing our proposed determination of 
attainment by the attainment date for the Freestone-Anderson and Titus 
SO2 NAAs. We expect that this action will have a neutral 
effect on the communities with EJ concerns, as this action only 
identifies that the areas attained the 2010 1-hour primary 
SO2 NAAQS by the attainment date.

V. Statutory and Executive Order Reviews

    This action determined that two areas have attained the 
SO2 NAAQS by the relevant attainment dates and does not 
impose additional or modify existing requirements. For that reason, 
this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     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); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.
    In addition, this final action, the finding of attainment by the 
attainment date for the Freestone-Anderson and Titus SO2 
NAAs, does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), because this action is not 
intended to apply in Indian country located in the State, and the EPA 
notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with EJ concerns to the 
greatest extent practicable and permitted by law. The EPA defines EJ as 
``the fair treatment and meaningful involvement of all people 
regardless of race, color, national origin, or income with respect to 
the development, implementation, and enforcement of environmental laws, 
regulations, and policies.'' The EPA further defines the term fair 
treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    This action is exempt from the Congressional Review Act because it 
is a rule of particular applicability. The rule makes factual 
determinations for an identified entity (the Freestone-Anderson and 
Titus areas of Texas), based on facts and circumstances specific to 
that entity. The determination of attainment of the 2010 SO2 
NAAQS does not in itself create any new requirements beyond what is 
mandated by the CAA.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 14, 2025. 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: December 9, 2024.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. In Sec.  52.2277, revise paragraph (b) to read as follows:

Sec.  52.2277  Control strategy and regulations: Sulfur Dioxide.

* * * * *
    (b) Determination of Attainment by the Attainment Date. Effective 
January 15, 2025, the EPA finalizes its

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determination that the sulfur dioxide nonattainment area in Freestone 
and Anderson Counties and the sulfur dioxide nonattainment area in 
Titus County have each attained the 2010 1-hour primary sulfur dioxide 
National Ambient Air Quality Standard by the applicable attainment date 
of January 12, 2022, in accordance with CAA section 179(c). This 
determination is based on primary source shutdowns, available ambient 
air quality monitoring data from the 2019-2021 monitoring period, 
relevant modeling analysis, and additional emissions inventory 
information.

[FR Doc. 2024-29436 Filed 12-13-24; 8:45 am]
BILLING CODE 6560-50-P
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