[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Rules and Regulations]
[Pages 64675-64680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26261]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2008-0932; FRL-9214-9]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Texas; Beaumont/Port Arthur 
Ozone Nonattainment Area: Redesignation to Attainment for the 1997 8-
Hour Ozone Standard and Determination of Attainment for the 1-Hour 
Ozone Standard; Clarification of EPA's Approval of the El Paso Section 
110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a request from the State 
of Texas to redesignate the Beaumont/Port Arthur (BPA) Texas ozone 
nonattainment area to attainment of the 1997 8-hour ozone National 
Ambient Air Quality Standard (NAAQS). EPA is making a final 
determination that the BPA nonattainment area has attained the 1997 8-
hour ozone NAAQS, based on complete, quality-assured, and certified 
ambient air quality monitoring data for 2006-2008. Preliminary data 
available for 2009 and 2010 show that the area continues to attain the 
1997 8-hour ozone NAAQS.
    In finalizing its approval of the redesignation request, EPA also 
approves, as a revision to the BPA State Implementation Plan (SIP), a 
1997 8-hour ozone maintenance plan that includes a 2021 Motor Vehicle 
Emissions Budget (MVEB). EPA is also approving the BPA area's 2002 base 
year emissions inventory as part of the BPA SIP. EPA also is approving 
as part of the BPA SIP, the Texas Clean-Fuel Vehicle (CFV) Program 
Equivalency Demonstration. EPA finds that with final approval of these 
revisions, the area has a fully approved SIP that meets all of the 1997 
8-hour ozone requirements and 1-hour ozone anti-backsliding 
requirements under section 110 and Part D of the Federal Clean Air Act 
(CAA or Act) that are applicable for purposes of redesignation. EPA is 
also approving a determination that the BPA area is meeting the 1-hour 
ozone standard based upon three years of complete, quality-assured, and 
certified ambient air quality monitoring data for 2006-2008. 
Preliminary data available for 2009 and 2010 show that the area 
continues to attain the standard.
    Additionally, EPA is taking final action to approve the post-1996 
Rate of Progress (ROP) plan's contingency measures, the substitute 
control measures for the failure-to-attain contingency measures, and 
the removal from the Texas SIP of a 1-hour ozone failure-to-attain 
contingency measure, a volatile organic compound (VOC) SIP rule for 
marine vessel loading, as meeting the requirements of section 110(l) 
and part D of the Act.
    EPA also is providing clarification of an earlier separate EPA 
rulemaking action approving the Section 110(a)(1) Maintenance Plan for 
the 1997 8-hour ozone standard for the El Paso 1997 8-hour attainment 
area.

DATES: Effective Date: This rule will be effective November 19, 2010.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR-2008-0932. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is

[[Page 64676]]

not publicly available, i.e., Confidential Business Information or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov or in hard copy at the Air Planning 
Section, Air Planning Branch, Multimedia Planning and Permitting 
Division, U.S. Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. EPA requests that if at 
all possible, you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Ellen Belk, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-2164; fax 
number 214-665-7263; e-mail address <a href="/cdn-cgi/l/email-protection#87e5e2ebeca9e2ebebe2e9c7e2f7e6a9e0e8f1"><span class="__cf_email__" data-cfemail="197b7c7572377c75757c77597c6978377e766f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for this rule?
II. What comments did we receive on the proposed rule?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this rule?

    The background for today's actions is discussed in detail in EPA's 
May 17, 2010, proposal to approve Texas' redesignation request (75 FR 
27514). In that proposed action, we noted that, under EPA regulations 
at 40 CFR part 50, the 1997 8-hour ozone standard is attained when the 
three-year average of the annual fourth-highest daily maximum 8-hour 
average ozone concentrations is less than or equal to 0.08 parts per 
million (ppm) (see 69 FR 23858, April 30, 2004, for more information). 
Under the CAA, EPA may redesignate a nonattainment area to attainment 
if sufficient complete, quality-assured data are available to determine 
that the area has attained the standard and if it meets the other CAA 
redesignation requirements in section 107(d)(3)(E).
    The TCEQ, on December 16, 2008, submitted a complete request to 
redesignate the BPA area to attainment for the 1997 8-hour ozone 
standard. The redesignation request included three years of complete, 
quality-assured data for the period of 2005 through 2007, indicating 
the 8-hour NAAQS for ozone, as promulgated in 1997, had been attained 
for the BPA area. Complete, quality-assured monitoring data for 2006-
2008 also show that the area continues to attain the 1997 8-hour ozone 
standard. Preliminary data available for the 2009 and 2010 ozone 
seasons indicate that the area continues to be in attainment.
    The request also included a maintenance plan with associated MVEBs, 
the 2002 base year emission inventory, and the sole outstanding 1-hour 
ozone anti-backsliding requirement for the BPA area, the Texas CFV 
Program Equivalency Demonstration. The submitted MVEB for nitrogen 
oxides (NO<INF>X</INF>) and VOC for the BPA area is defined in the 
table below:

                  Beaumont/Port Arthur NOX and VOC MVEB
                      [Summer season tons per day]
------------------------------------------------------------------------
                         Pollutant                               2021
------------------------------------------------------------------------
NOX........................................................       * 7.24
VOC........................................................         4.77
------------------------------------------------------------------------
* Includes an allocation of 1 tpd from the available NOX safety margin.

    The submittal met the adequacy criteria in 40 CFR 93.118(e)(4), and 
on April 1, 2010 (75 FR 16456), EPA published a Federal Register notice 
deeming the 2021 MVEB for Beaumont/Port Arthur, Texas adequate for 
transportation conformity purposes.
    Apart from the redesignation request, the TCEQ also submitted and 
EPA proposed to approve the 1-hour ozone Post-1996 ROP Plan's 
contingency measures, backfill failure-to-attain contingency measures, 
and removal from the Texas SIP under section 110(l) of a VOC marine 
vessel loading contingency measure.
    The May 17, 2010 proposed rule and Technical Support Document 
provide a detailed discussion of how Texas met the redesignation 
requirements and other CAA requirements.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period, which closed on 
June 16, 2010. EPA received 25 comment letters in response to the 
proposed rulemaking, each of which expressed support for approving the 
request from the State of Texas to redesignate the BPA ozone 
nonattainment area to attainment for the 1997 8-hour ozone standard. 
The comment letters are available for review in the docket for this 
rulemaking. EPA received letters expressing support for the BPA 
redesignation approval from the following: Texas Commission on 
Environmental Quality, Austin; Executive Director, Southeast Texas 
Regional Planning Commission (SETRPC), Beaumont; Director, 
Transportation and Environmental Resources, SETRPC, Beaumont; Mayor, 
City of Beaumont; President, Greater Beaumont Chamber of Commerce; 
Executive Port Director, Port of Beaumont; Mayor, City of Bridge City; 
Mayor, City of Port Neches; Mayor, City of West Orange; Director of 
Public Works, City of West Orange; Mayor, City of Lumberton; Mayor, 
City of Nederland; County Judge, Orange County; Jefferson County 
Commissioners Court; County Judge, Hardin County; Texas State 
Representative, District 21, Texas House of Representatives; President, 
Caliber Solutions, Beaumont; Entergy Texas Inc., Beaumont; Goodyear 
Tire & Rubber Company, Beaumont; Oiltaking Beaumont Partners, L.P.; 
Chairman, Southeast Texas Plant Managers Forum, Nederland; Plant 
Manager, Solvay Solexis, Inc., Orange; Huntsman Petrochemical LLC, Port 
Neches; Sabine-Neches Navigation District, Nederland; and the Greater 
El Paso Chamber of Commerce. EPA also received additional comments 
submitted by the Greater El Paso Chamber of Commerce. We received no 
adverse comments on the proposed rule.
    Comment: The Greater El Paso Chamber of Commerce requested that EPA 
take immediate action to make a determination that the El Paso County 
one-hour nonattainment area has attained the revoked one-hour ozone 
National Ambient Air Quality Standard (NAAQS).
    Response: This rulemaking finalizes EPA's approval of Texas's 
request to redesignate the BPA area to attainment for the 1997 8-hour 
ozone standard and for a determination that the BPA area attained the 
1-hour ozone standard. The commenter's request for a rulemaking 
determining attainment of the 1-hour standard for El Paso is outside 
the scope of our proposed action. EPA notes that we have previously 
approved the section 110(a)(1) maintenance plan for the El Paso 1997 8-
hour ozone attainment area 74 FR 2387 (January 15, 2009).
    Comment: The Greater El Paso Chamber of Commerce requested that EPA 
take immediate action to find that the Prevention of Significant 
Deterioration (PSD) program requirements are immediately effective in 
El Paso County.

[[Page 64677]]

    Response: As noted in the previous response to comment, EPA's 
rulemaking is not focused on the El Paso 1997 8-hour maintenance area, 
but on the redesignation of the BPA area for the 1997 8-hour ozone 
standard and a determination of attainment for that area for the 1-hour 
ozone standard. There is one respect, however, in which EPA wishes to 
respond in order to harmonize and assure consistency of treatment for 
areas with approved 1997 8-hour maintenance plans, whether they are 
initially designated attainment (like El Paso) or redesignated to 
attainment (like BPA) for that standard. EPA thus wishes to clarify a 
statement it previously made in approving the El Paso section 110(a)(1) 
maintenance plan for the 1997 8-hour standard 74 FR 2387 (January 15, 
2009). In that notice, EPA stated that a separate analysis under 
section 110(l) would be required to transition from a nonattainment New 
Source Review (NSR) permitting program to a PSD permitting program. 
Since that time, EPA has had further opportunity to consider the 
applicable statutory and regulatory provisions and the decision in 
South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 
2006). As a result, we no longer believe that the Clean Air Act 
requires a separate 110(l) analysis to replace 1-hour nonattainment NSR 
with PSD once an area has been redesignated to attainment for the 1997 
8-hour standard, or has an approved 110(a)(1) maintenance plan for that 
standard. In sum, we believe that the approach to the nonattainment 
NSR/PSD transition that we are adopting here with respect to BPA should 
also be extended to El Paso. Thus, as long as the Texas NSR SIP is 
clear that the PSD SIP requirements apply to an area such as El Paso, 
then that is all that is required by EPA.

III. What action is EPA taking?

    EPA is taking final action to approve several related actions under 
the Act for the BPA ozone nonattainment area, consisting of Hardin, 
Jefferson, and Orange counties. Consistent with the Act, EPA is taking 
final action to determine that the BPA area has attained the 1997 8-
hour ozone NAAQS and to approve a request from the State of Texas to 
redesignate the BPA area to attainment of the 1997 8-hour ozone 
standard. This determination is based on complete, quality-assured, and 
certified ambient air quality monitoring data for the 2006-2008 ozone 
seasons that show that the 1997 8-hour ozone NAAQS has been attained in 
the area. Preliminary data available for 2009 and 2010 indicate that 
the area continues to attain the 1997 8-hour ozone NAAQS. EPA is also 
finalizing a determination that the BPA area is meeting the 1-hour 
ozone standard. This determination is based on complete, quality-
assured, and certified ambient air quality monitoring data for the 
2006-2008 ozone seasons, as well as preliminary data available for 2009 
and 2010 that indicate the area continues to attain the 1-hour ozone 
NAAQS.
    EPA is taking final action to approve the 2002 base year emissions 
inventory as meeting the 1997 8-hour ozone requirement for the BPA 8-
hour ozone nonattainment area. We are approving the State's CFV program 
equivalency demonstration as meeting the sole outstanding 
antibacksliding 1-hour ozone requirement for the BPA serious 1-hour 
ozone nonattainment area. We are finding that the BPA area, based upon 
this final approval of this emissions inventory and the CFV program 
equivalency determination, meets all the applicable CAA requirements 
under section 110 and Part D for purposes of redesignation for the 1997 
8-hour ozone NAAQS including all the applicable antibacksliding CAA 
requirements for a serious 1-hour ozone nonattainment area. Further, 
EPA is taking final action to approve into the SIP, as meeting section 
175A and 107(d)(3)(E)(iv) of the Act, Texas' maintenance plan for the 
BPA area for the 1997 8-hour ozone NAAQS. The maintenance plan shows 
maintenance of the standard through 2021. Additionally, EPA is 
approving the 2021 MVEB for NO<INF>X</INF> and VOCs shown in the table 
in section I above, which was submitted by Texas for the BPA area in 
conjunction with its redesignation request and maintenance plan.
    Consequently, EPA is taking final action to approve the State's 
request to redesignate the area from nonattainment to attainment for 
the 1997 8-hour ozone NAAQS. After evaluating Texas' redesignation 
request, EPA has determined that with this final approval of the above-
identified SIP elements and the maintenance plan, the area meets the 
redesignation criteria set forth in section 107(d)(3)(E) and section 
175A of the Act. The final approval of this redesignation request 
changes the official designation in 40 CFR part 81 for the BPA area 
from nonattainment to attainment for the 1997 8-hour ozone standard. 
EPA also notes that with this final redesignation to attainment for the 
1997 8-hour ozone NAAQS and this final determination of attainment for 
the 1-hour ozone NAAQS, the 1-hour anti-backsliding obligations to 
submit planning SIPs to meet the attainment demonstration and 
reasonably available control measures (RACM) requirements, and the ROP 
and contingency measures requirements, cease to apply. Finalizing the 
1-hour ozone attainment determination suspends for the BPA area the 
foregoing obligations, and they cease to apply upon EPA's final action 
redesignating the BPA area to attainment for the 1997 8-hour ozone 
standard. In addition, after final redesignation to attainment for the 
1997-8-hour ozone standard, EPA does not require the continued 
application of 1-hour anti-backsliding nonattainment NSR, if Texas 
interprets its SIP as applying PSD to BPA in these circumstances.
    EPA also is taking final action to approve the Post-1996 ROP Plan's 
contingency measures and backfill failure-to-attain contingency 
measures, and the removal from the Texas SIP under section 110(l) of a 
VOC marine vessel loading contingency measure.
    Additionally, EPA is clarifying statements made and the approach it 
took with respect to the 1-hour ozone nonattainment NSR/PSD transition 
in its approval of the El Paso 110(a)(1) maintenance plan.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, redesignation of an area to attainment and 
the accompanying approval of a maintenance plan under section 
107(d)(3)(E) are actions that affect the status of a geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those imposed by State law. A redesignation to attainment does 
not in and of itself create any new requirements, but rather results in 
the applicability of requirements contained in the Clean Air Act for 
areas that have been redesignated to attainment. Moreover, the 
Administrator is required to approve a SIP submission that complies 
with the provisions of the Act and applicable Federal regulations. 42 
U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 
EPA's role is to approve State choices, provided that they meet the 
criteria of the Clean Air Act. Accordingly, these actions merely do not 
impose additional requirements beyond those imposed by State law and 
the Clean Air Act. For that reason, these actions:

[[Page 64678]]

    <bullet> Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Are not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
    <bullet> Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 20, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Nitrogen dioxides, 
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: September 30, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

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. Section 52.2270 is amended as follows:
0
a. The table in paragraph (c) entitled, ``EPA Approved Regulations in 
the Texas SIP'' is amended under Chapter 115 (Reg 5), Subchapter C, 
Division 1, by revising the entry for Section 115.219.
0
b. The second table in paragraph (e) entitled, ``EPA-Approved Non-
Regulatory Provisions and Quasi Regulatory Measures in the Texas SIP'' 
is amended by adding eight new entries at the end.
    The revision and additions read as follows:


Sec.  52.2270   Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval/
         State citation              Title/subject       submittal date    EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                 Chapter 115 (Regt 5)--Control of Air Pollution from Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           Subchapter C--Volatile Organic Compound Transfer Operations
----------------------------------------------------------------------------------------------------------------
                         Division 1: Loading and Unloading of Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 115.219.................  Counties and                11/15/2006  10/20/2010 [Insert
                                   Compliance.                             citation of
                                                                           publication in
                                                                           Federal Register].
 

[[Page 64679]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (e) * * *
* * * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                       Applicable
      Name of SIP provision          geographic or      State submittal/   EPA approval date        Comments
                                   nonattainment area    effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Redesignation Request for the     Beaumont/Port               12/10/2008  10/20/2010 [Insert   .................
 1997 8-hour Ozone NAAQS           Arthur, TX.                             citation of
 (Hardin, Jefferson, and Orange                                            publication in
 Counties).                                                                Federal Register].
Determination of Attainment for   Beaumont/Port               12/10/2008  10/20/2010 [Insert
 the 1-hour Ozone NAAQS (Hardin,   Arthur, TX.                             citation of
 Jefferson, and Orange Counties).                                          publication in
                                                                           Federal Register].
2002 Base Year Emissions          Beaumont/Port               12/10/2008  10/20/2010 [Insert
 Inventory.                        Arthur, TX.                             citation of
(1997 8-hour Ozone NAAQS).......                                           publication in
                                                                           Federal Register].
Texas Clean-Fuel Vehicle Program  Beaumont/Port               12/10/2008  10/20/2010 [Insert
 Equivalency Demonstration (1-     Arthur, TX.                             citation of
 hour Ozone NAAQS).                                                        publication in
                                                                           Federal Register].
Substitute Control Measures for   Beaumont/Port               12/10/2008  10/20/2010 [Insert
 the SIP-Approved Failure-to-      Arthur, TX.                             citation of
 attain Contingency Measures (1-                                           publication in
 hour Ozone NAAQS).                                                        Federal Register].
Post 1996 Rate of Progress Plan   Beaumont/Port               11/16/2004  10/20/2010 [Insert
 Contingency Measures (1-hour      Arthur, TX.                             citation of
 Ozone NAAQS).                                                             publication in
                                                                           Federal Register].
Maintenance Plan (1997 8-hour     Beaumont/Port               12/10/2008  10/20/2010 [Insert
 Ozone NAAQS, CAA Section 175A).   Arthur, TX.                             citation of
                                                                           publication in
                                                                           Federal Register].
2021 Motor Vehicle Emissions      Beaumont/Port               12/10/2008  10/20/2010 [Insert
 Budget (1997 8-hour Ozone         Arthur, TX.                             citation of
 NAAQS).                                                                   publication in
                                                                           Federal Register].
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.2275 is amended by adding paragraph (h) to read as 
follows:


Sec.  52.2275  Control strategy and regulations: Ozone.

* * * * *
    (h) Determination of attainment for the 1-hour ozone standard and 
redesignation for the 1997 8-hour ozone standard. Effective November 
19, 2010, EPA has determined that the Beaumont/Port Arthur ozone 
nonattainment area has attained the 1-hour ozone National Ambient Air 
Quality Standard (NAAQS) and has redesignated the area to attainment 
for the 1997 8-hour ozone standard. With this final redesignation to 
attainment for the 1997 8-hour ozone NAAQS and this final determination 
of attainment for the 1-hour ozone NAAQS, the 1-hour anti-backsliding 
obligations to submit planning SIPs to meet the attainment 
demonstration and reasonably available control measures (RACM) 
requirements, and the ROP and contingency measures requirements, cease 
to apply.

PART 81--[AMENDED]

0
4. The authority citation for part 81 continues to read as follows:

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


0
5. In Sec.  81.344, the table entitled, ``Texas-Ozone (8-Hour 
Standard)'' is amended by: revising the entries for Beaumont/Port 
Arthur TX; Revising footnote 3; and adding a new footnote 4 at the end 
of the table.
    The revisions and addition read as follows:


Sec.  81.344  Texas.

* * * * *

[[Page 64680]]



                                          Texas-Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                    Category/ Classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Beaumont/Port Arthur TX:
    Hardin County.................           (\3\)  Attainment...........           (\3\)
    Jefferson County..............           (\3\)  Attainment...........           (\3\)
    Orange County.................           (\3\)  Attainment...........           (\3\)
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\3\ Effective November 19, 2010.
\4\ Effective October 31, 2008.

* * * * *
[FR Doc. 2010-26261 Filed 10-19-10; 8:45 am]
BILLING CODE 6560-50-P


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