Rule2024-29436
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
Primary source
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Published
December 16, 2024
Effective
January 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is finalizing our determination that the sulfur dioxide (SO<INF>2</INF>) nonattainment area (NAA) in Freestone and Anderson Counties and the SO<INF>2</INF> NAA in Titus County have each attained the 2010 1-hour primary SO<INF>2</INF> 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 SO<INF>2</INF> NAAs attained the 2010 1-hour primary SO<INF>2</INF> NAAQS by the statutory attainment date of January 12, 2022, for each area.
Full Text
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<title>Federal Register, Volume 89 Issue 241 (Monday, December 16, 2024)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 (SO<INF>2</INF>) nonattainment area (NAA) in
Freestone and Anderson Counties and the SO<INF>2</INF> NAA in Titus
County have each attained the 2010 1-hour primary SO<INF>2</INF>
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 SO<INF>2</INF> NAAs attained
the 2010 1-hour primary SO<INF>2</INF> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: James E. Grady, EPA Region 6 Office,
Regional Haze and SO<INF>2</INF> Section, (214) 665-6745;
<a href="/cdn-cgi/l/email-protection#593e2b383d20773338343c2a193c2938773e362f"><span class="__cf_email__" data-cfemail="b5d2c7d4d1cc9bdfd4d8d0c6f5d0c5d49bd2dac3">[email protected]</span></a>. 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 SO<INF>2</INF> 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 SO<INF>2</INF>
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 SO<INF>2</INF> 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
SO<INF>2</INF> 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
SO<INF>2</INF> 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 SO<INF>2</INF> NAA
in Freestone and Anderson Counties and the SO<INF>2</INF> NAA in Titus
County have each attained the 2010 1-hour primary SO<INF>2</INF> 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 SO<INF>2</INF> 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
SO<INF>2</INF> 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 SO<INF>2</INF> 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
SO<INF>2</INF> 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
SO<INF>2</INF> NAAQS by the attainment date.
V. Statutory and Executive Order Reviews
This action determined that two areas have attained the
SO<INF>2</INF> NAAQS by the relevant attainment dates and does not
impose additional or modify existing requirements. For that reason,
this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is 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); and
<bullet> 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 SO<INF>2</INF>
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 SO<INF>2</INF>
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
[[Page 101479]]
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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</html>Indexed from Federal Register on December 16, 2024.
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