[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Proposed Rules]
[Pages 40871-40876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17338]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[TX-154-2-7609; FRL-7525-4]


Proposed Approval of Revisions and Notice of Resolution of 
Deficiency for Clean Air Act Operating Permits Program in Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to the Texas title V 
Operating Permit Program submitted by the Texas Commission on 
Environmental Quality (TCEQ) on December 9, 2002. In a Notice of 
Deficiency (NOD) published on January 7, 2002, EPA notified Texas of 
EPA's finding that the State's periodic monitoring regulations, 
compliance assurance monitoring (CAM) regulations, periodic monitoring 
and CAM general operating permits (GOP), statement of basis 
requirement, applicable requirement definition and potential to emit 
(PTE) registration regulations did not meet the minimum Federal 
requirements of the Clean Air Act and the regulations for State 
operating permit programs. This action proposes approval of revisions 
TCEQ submitted to correct the identified deficiencies. Today's action 
also proposes approval of other revisions to the Texas title V 
Operating Permit Program submitted on December 9, 2002, which relate to 
concurrent review and credible evidence. The December 9, 2002, 
submittal also included revisions to the Texas State Implementation 
Plan (SIP). Elsewhere in today's Federal Register, we are proposing to 
approve those SIP revisions which were submitted on December 9, 2002.

DATES: The EPA must receive your written comments on this proposal no 
later than August 8, 2003.

ADDRESSES: Comments may be submitted to Guy Donaldson, Acting Section 
Chief, Air Permits Section, Environmental Protection Agency, Region 6, 
Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-
2733. Comments may also be submitted electronically or through hand 
delivery/courier. Please follow the detailed

[[Page 40872]]

instructions described in Part (I)(B)(1)(i) through (iii) of the 
Supplementary Information.

FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell of the Air 
Permits Section at (214) 665-7212, or at [email protected].

SUPPLEMENTARY INFORMATION: Throughout the document ``we,'' ``us,'' or 
``our'' means EPA.

Table of Contents

I. General Information
II. Background.
III. What is Being Addressed in This Action?
    A. Periodic Monitoring Regulations
    B. CAM Regulations
    C. Periodic Monitoring and CAM General Operating Permits
    D. Statement of Basis Requirement
    E. Definition of Applicable Requirement
    F. PTE Registration Requirements
IV. What Other Program Changes Are We Proposing to Approve?
    A. Credible Evidence
    B. Concurrent Review
V. What is our Proposed Action?
VI. Statutory and Executive Order Reviews

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. The 
EPA has established an official public rulemaking file for this action 
under TX-154-2-7609. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. The official public 
rulemaking file is the collection of materials that is available for 
public viewing at the Air Permits Section, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202. The EPA requests that, if at all possible, 
you contact the rulemaking contact listed as the FOR FURTHER 
INFORMATION CONTACT section above to schedule your inspection. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 am to 4:30 pm, excluding Federal Holidays.
    2. Copies of the State submittal and EPA's Technical Support 
Document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency. TCEQ, Office of 
Air Quality, 12124 Park 35 Circle, Austin, Texas 78753.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and that are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection. The EPA will process material marked as CBI as described in 
section C.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking TX-154-2-7609'' in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. Electronic Mail (E-mail). Comments may be sent by e-mail to Mr. 
Stanley M. Spruiell ([email protected]). Please include the text 
``Public comment on proposed rulemaking TX-154-2-7609'' in the subject 
line. The EPA's e-mail system is not an ``anonymous access'' system. If 
you send an e-mail comment directly without going through the 
Regulations.gov website, EPA's e-mail system automatically captures 
your e-mail address. E-mail addresses that are automatically captured 
by EPA's e-mail system are included as part of the comment that is 
placed in the official public docket, and made available in EPA's 
electronic public docket.
    ii. Regulations.gov. Your use of the Regulations.gov Web site is an 
alternative method of submitting electronic comments to EPA. Go 
directly to Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The web-based system is an ``anonymous access'' system, which means EPA 
will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Mr. Guy Donaldson, Acting Chief, 
Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-
2733. Please include the text ``Public comment on proposed rulemaking 
TX-154-2-7609'' in the subject line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Mr. Guy 
Donaldson, Acting Chief, Air Permits Section (6PD-R), 1445 Ross Avenue, 
Dallas, Texas 75202-2733. Such deliveries are only accepted during the 
Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through

[[Page 40873]]

Friday, 8:30 am to 4:30 pm excluding Federal Holidays.

C. How Should I Submit CBI To the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section above.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Background

    The Clean Air Act (the Act) Amendments of 1990 required all States 
to develop Operating Permits Programs that meet title V of the Act, 42 
U.S.C. 7661-7661f, and its implementing regulations, 40 CFR part 70. 
Texas' Operating Permits Program was submitted in response to this 
directive on November 15, 1993. We promulgated interim approval of the 
Texas title V program on June 25, 1996 (61 FR 32693) and the program 
became effective on July 25, 1996. Subsequently, we promulgated full 
approval of the Texas title V program effective November 30, 2001 (66 
FR 63318, December 6, 2001). As explained in the proposed and final 
full approval, we granted full approval based on our finding that Texas 
had corrected the deficiencies identified at the time of the interim 
approval (66 FR at 51897 (October 11, 2001); 66 FR 63319).
    Since the interim approval, other deficiencies in the Texas title V 
program were identified. Section 502(i) of the Act and 40 CFR 
70.10(b)(1) provide that whenever EPA makes a determination that a 
State is not adequately administering and enforcing its program in 
accordance with the requirements of title V, EPA shall issue a NOD.
    The EPA published an NOD for Texas' title V Operating Permit 
Program on January 7, 2002 (67 FR 732). The NOD was based upon our 
finding that several State requirements did not meet the minimum 
Federal requirements of 40 CFR part 70 and the Act. The TCEQ adopted 
rule revisions to resolve the deficiencies identified in the January 7, 
2002, NOD. These rule revisions became effective, as a matter of State 
law, on December 11, 2002. The TCEQ submitted these rule changes to EPA 
as a revision to its title V Operating Permit Program on December 9, 
2002. The TCEQ also included, in the December 9, 2002, submittal, other 
regulatory revisions that strengthen Texas' program. We are proposing 
to approve the Texas rule revisions included in the December 9, 2002, 
submittal in today's action. The December 9, 2002, submittal also 
included provisions which TCEQ requested that we approve as revisions 
to its SIP. Elsewhere in today's Federal Register, we are proposing to 
approve those SIP revisions submitted on December 9, 2002. We have 
prepared a Technical Support Document (TSD) which contains a detailed 
analysis of our evaluation of this action. The TSD is available at the 
addresses listed above.

III. What Is Being Addressed in This Action?

    In today's action, we are proposing to approve revisions as 
identified below which TCEQ adopted November 20, 2002 (submitted to EPA 
December 9, 2002) and to find that upon final SIP approval of two of 
the changes those revisions resolve the deficiencies identified in the 
January 7, 2002, NOD.

A. Periodic Monitoring Regulations

    The requirement for periodic monitoring set forth in 40 CFR 
70.6(a)(3)(i)(B) states that each title V permit must include periodic 
monitoring sufficient to yield reliable data from the relevant time 
period that are representative of the source's compliance with the 
permit where the applicable requirement does not require periodic 
testing or instrumental or noninstrumental monitoring.
    The TCEQ previously implemented periodic monitoring requirements 
through a phased approach which used either a periodic monitoring GOP 
or on a case-by-case determination. As a result, all permits did not 
have periodic monitoring when they were issued. To address the NOD, 
TCEQ has revised 30 Texas Administrative Code (TAC) 122.132 and 
122.142, and repealed 30 TAC 122.600, 122.604, 122.606, 122.608, 
122.610, and 122.612 to ensure that all title V permits, including all 
GOPs, contain periodic monitoring requirements that meet the 
requirements of 40 CFR 70.6(a)(3)(i)(B) when issued. The TCEQ has 
repealed the periodic monitoring and CAM GOPs identified in the NOD and 
adopted Section 122.132(e)(13) to require permit applications to 
include periodic monitoring requirements consistent with part 70. The 
TCEQ has amended Section 122.142(c) and Section 122.602 to require 
periodic monitoring which is consistent with part 70 to be included in 
all title V permits, including GOPs, when the permit is issued. The 
revisions require that periodic monitoring be included in title V 
permits at initial issuance under Section 122.201, permit renewals 
under Section 122.243, permit reopenings under Section 122.231(a) and 
(b), significant revisions under Section 122.221, and at minor permit 
revisions under Section 122.217. We are today proposing to approve the 
revised rules and the State's repeals as a revision to Texas' title V 
program and to find that the revisions satisfy Texas' requirement to 
correct the program deficiency identified in the January 7, 2002, NOD.

[[Page 40874]]

B. CAM Regulations

    CAM is implemented through 40 CFR part 64 and 40 CFR 
70.6(a)(3)(i)(A) and requires title V permits to include ``all 
monitoring and analysis procedures or test methods required under 
applicable monitoring and testing requirements, including [40 CFR part] 
64 * * *'' 40 CFR 64.5 provides that CAM applies at permit renewal 
unless the permit holder has not filed a title V permit application by 
April 20, 1998, or the title V permit application has not been 
determined to be administratively complete by April 20, 1998. CAM also 
applies to a title V permit holder who filed a significant permit 
revision under title V after April 20, 1998.
    The TCEQ previously implemented CAM through either a CAM GOP or a 
case-by-case CAM determination. The TCEQ's use of a phased approach did 
not ensure that all permits would include CAM required by 40 CFR 
70.6(a)(3)(i)(A), according to the schedule in 40 CFR 64.5, because a 
facility did not have to apply for a CAM GOP until two years after the 
CAM GOP had been issued. To address the NOD, TCEQ has revised the 
Sections of Chapter 122 relating to application content and permit 
content, to ensure that all permits, including GOPs, include CAM 
requirements according to the schedule in 40 CFR 64.5. The TCEQ amended 
Section 122.132(e)(12) to specify that applications for units subject 
to CAM must be submitted according to the schedule specified in 40 CFR 
64.5. The TCEQ amended Section 122.142(h) to require that permits 
contain CAM in accordance with the schedule in 40 CFR 64.5. The TCEQ 
adopted new Section 122.221(b)(4) to specify that the Executive 
Director may issue a significant permit revision if CAM is included for 
large pollutant-specific emission units, consistent with 40 CFR 
64.5(a)(2). The TCEQ also adopted Section 122.147, which specifies the 
terms and conditions that apply to units subject to CAM requirements, 
and Section 122.604 which address CAM applicability. These new and 
revised rules require that all permits issued after the effective date 
of the rule include CAM according to the schedule in 40 CFR part 64. We 
are today proposing to approve the revised, amended, and new rules as a 
revision to Texas' title V program and to find that the revisions 
satisfy Texas' requirement to correct the program deficiency identified 
in the January 7, 2002, NOD.

C. Periodic Monitoring and CAM General Operating Permits

    The content requirements for part 70 permits are set forth in 40 
CFR 70.6 and include periodic monitoring and CAM as permit conditions 
of all title V permits. Also, 40 CFR 70.6(d)(1) provides that ``any 
general permit shall comply with all requirements applicable to other 
part 70 permits.'' The TCEQ previously implemented CAM and periodic 
monitoring requirements through CAM and periodic monitoring GOPs which 
did not meet title V's definition of, or requirements for, general 
permits. The terms and conditions of Texas' periodic monitoring GOPs 
and CAM GOPs contained only monitoring requirements, monitoring 
options, and related monitoring requirements for certain applicable 
requirements and therefore were missing a number of the requirements of 
40 CFR 70.6.
    To address the NOD, TCEQ amended Chapter 122 to require that all 
GOPs include periodic monitoring and CAM, and to eliminate the 
monitoring GOP process. To ensure that all permits are issued 
containing periodic monitoring and CAM, the TCEQ adopted amendments 
requiring periodic monitoring and CAM to be addressed in permit 
applications and to be included in issued permits. As discussed above, 
revised Section 122.132(e)(12) specifies that applications for units 
subject to CAM must contain elements specified in 40 CFR 64.3, 
Monitoring Design Criteria, and 40 CFR 64.4, Submittal Requirements. 
Revised Section 122.132(e)(13) requires that applications for all 
initial permit issuances, renewals, reopenings, and significant and 
minor permit revisions include periodic monitoring requirements. The 
TCEQ amended Section 122.142(c), which previously specified that 
periodic monitoring is only included as required by the Executive 
Director, and Section 122.142(h), which previously specified that 
permits include CAM as specified in Subchapter H. The amendments state 
that permits must contain periodic monitoring and CAM in accordance 
with the schedule in 40 CFR 64.5. These amendments will require permits 
to contain all requirements specified in 40 CFR 70.6. The TCEQ 
eliminated the monitoring GOP process by adopting the repeal of all 
Sections from Subchapters G and H that implemented monitoring through 
the GOP process. In addition to the previously mentioned periodic 
monitoring sections that were repealed, TCEQ repealed all of the CAM 
requirements contained in Subchapter H. The CAM applicability section 
and the section pertaining to quality improvement plans are adopted 
under Subchapter G, renamed Periodic Monitoring and Compliance 
Assurance Monitoring. The TCEQ also adopted several amendments to 
Chapter 122 to clarify periodic monitoring and CAM implementation and 
to delete any reference to the monitoring GOP process.
    The TCEQ also amended the GOP definition at Section 122.10(11) to 
specify that multiple similar sources may be authorized to operate 
under a GOP, consistent with the requirement at 40 CFR 70.6(d) that 
general permits are limited to numerous similar sources. Section 
122.501(a)(1) requires the Executive Director to issue GOPs with 
conditions that provide for compliance with all requirements of Chapter 
122. The TCEQ also revised Section 122.161 to make related 
miscellaneous changes.
    We are today proposing to approve the new and revised rules and the 
repeals as a revision to Texas' title V program and to find that the 
revisions satisfy Texas' requirement to correct the program deficiency 
identified in the January 7, 2002, NOD.

D. Statement of Basis Requirement

    40 CFR 70.7(a)(5) requires that ``[t]he permitting authority shall 
provide a statement that sets forth the legal and factual basis for the 
draft permit conditions (including references to the applicable 
statutory or regulatory provisions). The permitting authority shall 
send this statement to EPA and to any other person who requests it.'' 
The TCEQ regulations previously had no State regulation directly 
corresponding to 40 CFR 70.7(a)(5). To address the NOD, TCEQ adopted 
new Section 122.201(a)(4), which requires that all permits issued by 
the Executive Director must include a statement that sets forth the 
legal and factual basis for the conditions of the permit, including 
references to the applicable statutory or regulatory provisions. The 
Executive Director will send this statement to EPA and any person who 
requests it. The statement of basis is required for all initial 
issuances, revisions, renewals and reopenings of permits. We are today 
proposing to approve the new rule as a revision to Texas' title V 
program and to find that the revisions satisfy Texas' requirement to 
correct the program deficiency identified in the January 7, 2002, NOD.

E. Definition of Applicable Requirement

    Texas' definition of ``applicable requirement'' in 30 TAC 122.10(2) 
previously did not include all the applicable provisions of its SIP 
that

[[Page 40875]]

implemented relevant requirements of the Act as required by 40 CFR 
70.2. To address the NOD, TCEQ has amended its definition of 
``applicable requirement'' in Section 122.10(2) to include citations to 
the relevant requirements of the Act which were identified in the NOD 
and others identified after issuance of that notice. The applicable 
requirement definition now includes Section 101.1, which relates to 
definitions; Section 101.3, which relates to circumvention; Sections 
101.201, 101.211, 101.221, 101.222, and 101.223, which relate to 
emissions events and maintenance, startup, and shutdown (``MSS'') 
reporting requirements; Section 101.8 and Section 101.9, which relate 
to sampling and sampling ports, and Section 101.10, which relates to 
emissions inventory requirements.\1\ We are today proposing to approve 
the revised rule as a revision to Texas' title V program and to find 
that upon final SIP approval the revisions will satisfy Texas' 
requirement to correct the program deficiency identified in the January 
7, 2001, NOD.
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    \1\ The NOD identified the emissions event and MSS reporting 
requirements at 30 TAC Sections 101.6, 101.7, and 101.11 as SIP 
provisions that must be included in the definition of ``applicable 
requirements.'' Since then, TCEQ has revised those rules and 
recodified them at Sections 101.201, 101.211, 101.221, 101.222, and 
101.223 and submitted the rules to EPA for approval as a SIP 
revision. The EPA is reviewing those rules and will address the SIP 
submission in a separate rulemaking prior to EPA's final approval of 
Texas' definition of applicable requirement.
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F. PTE Registration Requirements

    Many stationary source requirements of the Act apply only to major 
sources, which are those sources whose emissions of air pollutants 
exceed threshold emissions levels specified in the Act. However, such 
sources may legally avoid program requirements by taking federally-
enforceable permit conditions which limit emissions to levels below the 
applicable major source threshold. Those permit conditions, if 
violated, are subject to enforcement by EPA, the State or local agency, 
or by citizens. Federal enforceability ensures the conditions placed on 
emissions to limit a source's PTE are enforceable as both a legal and 
practical matter.
    Texas' regulations previously allowed a facility to keep all 
documentation of its PTE limitation registrations on site without 
providing those documents to the State or to EPA; therefore, the PTE 
limitations were not practically enforceable. Also, the limitations 
were not federally enforceable because the Texas regulations at issue 
were not part of the Texas SIP. The TCEQ has revised Sections 106.6, 
116.115, 116.611, and 122.122. These changes require registrations to 
be submitted to the Executive Director, to the appropriate Commission 
regional office, and all local air pollution control agencies, and a 
copy shall be maintained on-site of the facility. The TCEQ is also 
required to make the records available to the public upon request. The 
TCEQ also submitted these changes for approval as a SIP revision. We 
are proposing to approve the amended Sections 106.6, 116.115, 116.611, 
and 122.122 as revisions to the Texas SIP in a separate Federal 
Register notice. Upon final SIP approval, these changes will make the 
PTE limits in the certified registrations practically enforceable and 
federally enforceable. We are also today proposing to approve the 
revised rules in Section 122.122 as a revision to Texas' title V 
program and to find that upon final SIP approval the revisions will 
satisfy Texas' requirement to correct the program deficiency identified 
in the January 7, 2002, NOD.

IV. What Other Program Changes Are We Proposing To Approve?

    The TCEQ also included in the December 9, 2002, submittal other 
regulatory revisions that strengthen Texas' program. Today's action 
also proposes approval of these revisions to the Texas title V 
Operating Permit Program submitted on December 9, 2002, which relate to 
credible evidence and concurrent review.

A. Credible Evidence

    The TCEQ has revised its definition of ``deviation'' at 30 TAC 
122.10(5) and 122.132(e)(4)(B) to require sources to consider ``any 
credible evidence or information'' to certify compliance. We are today 
proposing to approve this revision as consistent with part 70 and EPA's 
credible evidence rule, 62 FR 8314 (February 24, 1997).

B. Concurrent Review

    The TCEQ has revised its regulations concerning EPA review of title 
V permits at Section 122.350(B)(1) to provide that EPA's review period 
may not run concurrently with the State public review period if any 
comments are submitted or if a public hearing is requested. We are 
today proposing to approve this revision as consistent with Section 
505(b) of the Act and 40 CFR 70.8.

V. What Is Our Proposed Action?

    We are proposing to approve revisions to Texas' regulations for 
periodic monitoring regulations, CAM regulations, periodic monitoring 
and CAM GOPs, statement of basis requirement, applicable requirement 
definition and PTE registration regulations as revisions to Texas' 
title V air Operating Permits Program. Elsewhere in today's Federal 
Register, we are proposing to approve related SIP revisions submitted 
to EPA on December 9, 2002. We are also proposing to approve revisions 
to the Texas title V Operating Permit Program submitted on December 9, 
2002, which relate to credible evidence and concurrent review. The rule 
revisions submitted by Texas, as stated above, are in response to the 
NOD.
    This proposed approval does not extend to ``Indian Country'', as 
defined in 18 U.S.C. 1151. In its Operating Permits Program submittal, 
Texas does not assert jurisdiction over Indian lands or reservations. 
To date, no tribal government in Texas has authority to administer an 
independent title V program in the State. On February 12, 1998, EPA 
promulgated regulations under which Indian tribes could apply and be 
approved by EPA to implement a title V Operating Permits Program (40 
CFR part 49).
    For those Indian tribes that do not seek to conduct a title V 
Operating Permits Program, EPA has promulgated regulations (40 CFR part 
71) governing the issuance of Federal operating permits in Indian 
country. 64 FR 8247, February 19, 1999.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget (OMB). Under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.), the Administrator certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities because it merely proposes to approve State law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by State law. This rule does not contain any 
unfunded mandates and does not significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) because it proposes to approve pre-existing 
requirements under State law and does not impose any additional 
enforceable duties beyond those required by State law. This rule also 
does not have tribal implications because it will not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and

[[Page 40876]]

Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified by 
Executive Order 13175, ``Consultation and Coordination with Indian 
Tribal Governments'' (65 FR 67249, November 9, 2000). This proposed 
rule also does not have Federalism implications because 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, 
as specified in Executive Order 13132, ``Federalism'' (64 FR 43255, 
August 10, 1999). The action merely proposes to approve existing 
requirements under State law, and does not alter the relationship or 
the distribution of power and responsibilities between the State and 
the Federal government established in the Clean Air Act. This proposed 
rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997) or Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001), because it is not a significant 
regulatory action under Executive Order 12866. This action will not 
impose any collection of information subject to the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., other than those 
previously approved and assigned OMB control number 2060-0243. For 
additional information concerning these requirements, see 40 CFR part 
70. An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), 15 U.S.C. 272 note, requires Federal agencies to 
use technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impracticable. In 
reviewing State Operating Permit Programs submitted pursuant to title V 
of the Clean Air Act, EPA will approve such regulations provided that 
they meet the requirements of the Clean Air Act and EPA's regulations 
codified at 40 CFR part 70. In this context, in the absence of a prior 
existing requirement for the State to use voluntary consensus standards 
(VCS), EPA has no authority to disapprove such regulations for failure 
to use VCS. It would, thus, be inconsistent with applicable law for 
EPA, when it reviews such regulations, to use VCS in place of a State 
regulation that otherwise satisfies the provisions of the Clean Air 
Act. Thus, the requirements of Section 12(d) of the NTTAA do not apply.

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: June 30, 2003.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 03-17338 Filed 7-8-03; 8:45 am]
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