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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations access to material indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document we, us, and our means the EPA.

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR06OAR20200300; FRL10019
45Region 6

I. Background
Air Plan Approval; Texas; Reasonable Further Progress Plan for the HoustonGalveston-Brazoria Ozone Nonattainment Area Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

Pursuant to the Federal Clean Air Act CAA or the Act, the Environmental Protection Agency EPA
is approving revisions to the Texas State Implementation Plan SIP to meet the Reasonable Further Progress RFP
requirements for the HoustonGalveston-Brazoria HGB serious ozone nonattainment area for the 2008 ozone National Ambient Air Quality Standard NAAQS. Specifically, EPA is approving the RFP demonstration and associated Motor Vehicle Emission Budgets MVEBs, and a revised 2011
base year emissions inventory EI for the HGB area. EPA is also notifying the public of the status of EPAs adequacy determination for the MVEBs for the HGB area. EPA is not finalizing the proposed approval of revisions to the SIP to address contingency measure requirements in the HGB area for the 2008 Ozone NAAQS at this time.
DATES: This rule is effective on June 9, 2021.
ADDRESSES: The EPA has established a docket for this action under Docket ID
No. EPAR06OAR20200300. 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:
Carrie Paige, EPA Region 6 Office, Infrastructure & Ozone Section, 214
6656521, paige.carrie@epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office may be closed to the public to reduce the risk of transmitting COVID
19. Please call or email the contact listed above if you need alternative
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The background for this action is discussed in detail in our September 29, 2020 proposal 85 FR 60928. In that action we proposed to approve only the HGB portion of the May 13, 2020, Texas SIP submittal that addressed RFP
requirements for the 2008 8-hour ozone NAAQS for the two serious ozone nonattainment areas in Texas the TCEQ submittal. These two areas are the HGB and the Dallas-Fort Worth DFW areas. The TCEQ submittal also establishes MVEBs for the year 2020 and includes contingency measures for each of the HGB and DFW areas, should the areas fail to make reasonable further progress, or to attain the NAAQS by the applicable attainment date. The portion of the TCEQ submittal that refers to the DFW area will be addressed in a separate rulemaking action.1
Our September 29, 2020 proposal provided a detailed description of the revisions and the rationale for EPAs proposed actions, together with a discussion of the opportunity to comment. The public comment period for these actions closed on October 29, 2020. We did not receive comments regarding our proposal. Therefore, with one exception, we are finalizing our action as proposed.
On January 29, 2021, the U.S. Court of Appeals for the District of Columbia Circuit D.C. Circuit issued a decision in response to challenges to EPAs 2015 and 2018 rules implementing the NAAQS for ozone, 80 FR 12264 March 6, 2015 and 83 FR
62998 December 6, 2018. Sierra Club, et al. v. EPA, 985 F.3d 1055 D.C. Cir.
2021. Among the rulings in this decision, the D.C. Circuit vacated EPAs interpretation of the CAA to allow states to rely on already implemented control measures to meet the statutory requirements of section 172c9 or 182c9 for contingency measures in nonattainment plans for the ozone NAAQS see 83 FR 62998, 6302627.
The EPA is reexamining the contingency measures portion of the TCEQ submission for the HGB area in light of the D.C. Circuit decision.
Therefore, we are not taking final action at this time on the contingency 1 Our proposal to approve the RFP plan for the DFW area was published on October 9, 2020 85 FR
64084. We have not issued a final rule for the DFW
area.

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measures submitted as part of the May 13, 2020, TCEQ SIP submission for the HGB area included in the proposed action. EPA expects to address the contingency measures in a separate future action.
II. Final Action We are approving revisions to the Texas SIP that address the RFP
requirements for the HGB serious ozone nonattainment area for the 2008 ozone NAAQS. Specifically, we are approving the RFP demonstration and associated MVEBs, and the revised 2011 base year EI for the HGB area.
We are also notifying the public that EPA finds the newly established MVEBs for Nitrogen Oxides NOX and Volatile Organic Compounds VOC for the HGB
area adequate for the purpose of transportation conformity. Within 24
months from this final rule, the transportation partners will need to demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR
93.104e3.
III. Statutory and Executive Order Reviews Under the CAA, 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
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. 1044;
Does not have federalism implications as specified in Executive
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