2024-18779. Approval and Promulgation of Air Quality Implementation Plans; Texas; Federal Implementation Plan for the Rusk-Panola Sulfur Dioxide Nonattainment Area

Table 1—EJSCREEN Analysis Summary for Martin Lake

Variables	EJSCREEN values for buffer area (radius) for Martin Lake and the U.S. (percentile within U.S. where indicated)
	Martin Lake (Rusk-Panola area, 6 miles)	U.S.
Pollution Burden Indicators:
Particulate matter (PM 2.5 ), annual average	9.57 µg/m3 (77th %ile)	8.67 µg/m3 (—)
Ozone, summer seasonal average of daily 8-hour max	40.1 ppb (32nd %ile)	42.5 ppb (—)
Traffic proximity and volume score *	0.72 (2nd %ile)	760 (—)
Lead paint (percentage pre-1960 housing)	0.12% (37th %ile)	0.27% (—)
Superfund proximity score *	0.048 (42nd %ile)	0.13 (—)
RMP proximity score *	0.17 (32nd %ile)	0.77 (—)
Hazardous waste proximity score *	0.059 (11th %ile)	2.2 (—)
Demographic Indicators:
People of color population	31% (52nd %ile)	40% (—)
Low-income population	25% (46th %ile)	30% (—)
Linguistically isolated population	2% (62nd %ile)	5% (—)
Population with less than high school education	13% (65th %ile)	12% (—)
Population under 5 years of age	9% (82nd %ile)	6%
Population over 64 years of age	14% (44th %ile)	16% (—)
* The traffic proximity and volume indicator is a score calculated by daily traffic count divided by distance in meters to the road. The Superfund proximity, RMP proximity, and hazardous waste proximity indicators are all scores calculated by site or facility counts divided by distance in kilometers.

This action is proposing a FIP to remedy deficiencies found in Texas' February 28, 2022, SIP submittal to meet CAA nonattainment SIP requirements for the Rusk-Panola nonattainment area for the 2010 one-hour SO₂ NAAQS. The CAA requires this action as it pertains to the SO₂ NAAQS. Information on SO₂ and its relationship to adverse health impacts can be found at final Federal Register notice titled “Primary National Ambient Air Quality Standard for Sulfur Dioxide” (75 FR 35520, June 22, 2010).^[17] We expect that this action and resulting emissions reductions will generally be neutral or contribute to reduced environmental and health impacts on all populations in the Rusk-Panola nonattainment area, including communities with EJ concerns. At a minimum, this action is not expected to worsen existing air quality as it pertains to SO₂ emissions and is expected to ensure the area is meeting requirements to attain air quality standards. Further, there is no information in the record indicating that this action is expected to have disproportionately high or adverse human health or environmental effects on a particular group of people.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review

This action is exempt from review under Executive Order 12866, as amended by Executive Order 14094, because it is not a “significant regulatory action” under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 14094 (88 FR 21879, April 11, 2023). As discussed in detail in section IV, the proposed FIP regulatory language contains requirements for only one facility. It is therefore not a rule of general applicability.

B. Paperwork Reduction Act

This proposed action does not impose an information collection burden under the provisions of the Paperwork Reduction Act because it is not a rule of general applicability and affects fewer than 10 entities. See 5 CFR 1320(c).

C. Regulatory Flexibility Act

I certify that this action will not have a significant impact on a substantial number of small entities. This proposed rule does not impose any requirements or create impacts on small entities. The Martin Lake Steam Electric Station is not a small entity.

D. Unfunded Mandates Reform Act (UMRA)

This action contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for state, local, or tribal governments or the private sector. The EPA has determined that Title II of UMRA does not apply to this proposed rule. In 2 U.S.C. 1502(1) all terms in Title II of UMRA have the meanings set forth in 2 U.S.C. 658, which further provides that the terms “regulation” and “rule” have the meanings set forth in 5 U.S.C. 601(2). Under 5 U.S.C. 601(2), “the term `rule' does not include a rule of particular applicability relating to . . . facilities.” Because this proposed rule is a rule of particular applicability relating to specific EGUs located at one named facility, the EPA has determined that it is not a “rule” for the purposes of Title II of UMRA.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not 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.

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 9, 2000), requires the EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This proposed rule does not have tribal implications, as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments. Thus, Executive Order 13175 does not apply to this rule. ( print page 68383)

G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order.

Therefore, this action is not subject to Executive Order 13045 because it implements a previously promulgated health or safety-based federal standard or implements specific standards established by Congress in statutes.

H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

This proposed action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All

The EPA believes that the human health and environmental conditions, around the Martin Lake Steam Electric Station, that exist prior to this action do not result in disproportionate and adverse effects on communities with Environmental Justice concerns.

The EPA believes that this action is not likely to result in new disproportionate and adverse effects on communities with environmental justice concerns. This proposed FIP limits emissions of SO₂ from one facility in Texas.

The information supporting this Executive Order review is contained in VI Environmental Justice Considerations of this action and the file EJScreen Report—Martin Lake in the docket for this action.

The EPA believes the human health or environmental risk addressed by this proposed action will not have potential disproportionately high and adverse human health or environmental effects on communities with environmental justice concerns because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any communities with environmental justice concerns.

List of Subjects in 40 CFR Part 52

• Environmental protection
• Air pollution control
• Incorporation by reference
• Intergovernmental relations
• Reporting and recordkeeping requirements
• Sulfur oxides

Michael S. Regan,

Administrator.

For the reasons stated in the preamble, the EPA proposes to amend title 40 CFR part 52 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.

2. Amend § 52.2277 by adding paragraphs (c) and (d) to read as follows:

§ 52.2277

Control strategy and regulations: Sulfur Dioxide.

* * * * *

(c) The plan submitted by the State on February 28, 2022, to attain the 2010 1-hour primary sulfur dioxide (SO₂) national ambient air quality standard (NAAQS) for the Rusk-Panola SO₂ nonattainment area does not fully meet the requirements of Clean Air Act (CAA) section 172 with respect to SO₂ emissions from the Martin Lake facility in the Rusk-Panola, Texas area. The EPA has given limited disapproval of the plan provisions addressing these requirements. The deficiencies associated with SO₂ requirements for the Martin Lake facility identified in the EPA's limited disapproval are addressed by 40 CFR 52.2277(d).

(d) This section addresses and satisfies CAA section 110(c)(1) requirements for the Rusk-Panola SO₂ nonattainment area by specifying the necessary emission limits and other control measures applicable to the Martin Lake facility. This section applies to the owner and operator of the facility located at 8850 FM 2658 in Tatum, Texas.

(1) SO₂Emission Limits. (i) Beginning on the [DATE 30 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER ], no owner or operator shall emit SO₂ from the following units in excess of the following limits:

Unit	SO 2 emission limit	Time period/operating scenario
EGF Boiler Units S-1, S-2, S-3 (Combined)	7,469 lbs/hr	24-hour block average.
EGF Boiler Units S-1, S-2, S-3	0.32 lbs/MMBtu	24-hour block average.
Auxiliary Boilers S-1A and B (Combined)	51.46 lbs/hr	1-hour average.
Auxiliary Boilers S-1A and B (Combined)	22.54 tons per year	annual basis.