[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Rules and Regulations]
[Pages 65119-65125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26094]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0332; FRL--9743-6]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to the New Source Review (NSR) State Implementation Plan 
(SIP); Antibacksliding of Major NSR SIP Requirements for the One-Hour 
Ozone National Ambient Air Quality Standards (NAAQS); Major 
Nonattainment NSR (NNSR) SIP Requirements for the 1997 Eight-Hour Ozone 
NAAQS; and Major NSR Reform Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the SIP for the State of Texas 
that relate to antibacksliding of Major NSR SIP Requirements for the 
one-hour ozone NAAQS; Major NNSR SIP requirements for the 1997 eight-
hour ozone NAAQS; Major NSR Reform Program with Plantwide Applicable 
Limit (PAL) provisions; and non-PAL aspects of the Major NSR SIP 
requirements, because these changes comply with the Federal Clean Air 
Act (the Act or CAA) and EPA regulations and are consistent with EPA 
policies. Texas submitted revisions to these programs in two separate 
SIP submittals on March 11, 2011. On August 29, 2012, Texas submitted 
SIP revisions (adopted July 25, 2012) that it had previously proposed 
February 22, 2012, for parallel processing. On May 3, 2012, Texas 
provided a letter to EPA which included a demonstration showing how its 
submitted rules are at least as stringent as the Federal NSR Reform 
Program. EPA proposed approval of these revisions on June 20, 2012. 
Today, EPA is approving the two SIP revisions submitted March 11, 2011; 
the revisions submitted August 29, 2012; and the May 3, 2012, letter as 
part of the Texas NSR SIP. EPA is approving these provisions under 
section 110 and parts C and D of the Act.

DATES: This rule is effective on November 26, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2011-0332. All documents in this docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publically 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 and will be publically 
available only in hard copy form. Publically available docket materials 
are available either electronically through http://www.regulations.gov 
or in hard copy at the Air Permits Section (6PD-R), Environmental 
Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733. The file will be made available by appointment for public 
inspection in the Region 6 Freedom of Information Act Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at (214) 665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittals, which are part of the EPA docket, are also 
available for public inspection at the State Air Agency during official 
business hours by appointment: Texas Commission on Environmental 
Quality (TCEQ), Office of Air Quality, 12124 Park 35 Circle, Austin, 
Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits 
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733; telephone (214) 665-7212; 
fax number (214) 665-6762; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever any 
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background
    A. What is the background of the Texas programs for major NSR 
for the eight-hour NAAQS for ozone and for NSR reform?
    B. What changes did Texas submit?
    C. Proposal and Public Comments
    D. Overview of Today's Final Rule
II. What comments did we receive and what is our response to the 
comments?
III. Final Action
V. Statutory and Executive Order Reviews

I. Background

A. What is the background of the Texas programs for major NSR for the 
eight-hour NAAQS for ozone and for NSR reform?

1. Major NSR for the Eight-Hour NAAQS for Ozone
    On April 30, 2004, EPA promulgated regulations (69 FR 23858) that 
included requirements for implementing Major NSR for the 1997 eight-
hour ozone NAAQS. On May 25, 2005, the TCEQ adopted SIP revisions to 
implement these requirements and submitted them to EPA on June 10, 
2005. The EPA disapproved these regulations on September 15, 2010 (75 
FR 56424) because the State's regulations did not meet the requirements 
of the Act, Federal regulations, and were not consistent with EPA 
policy. On March 11, 2011, TCEQ resubmitted the revisions adopted May 
25, 2005, and submitted further revisions, adopted February 9, 2011, to 
address EPA's September 15, 2010, disapproval. Sections I.B and I.D of 
this preamble include further details on TCEQ's submission.
2. NSR Reform
    On December 31, 2002 (67 FR 80186), EPA promulgated its NSR Reform 
Program. On November 7, 2003 (68 FR 63021), EPA promulgated a final 
action on its reconsideration of the December 31, 2002, NSR Reform 
Program's rules. On January 11, 2006, TCEQ adopted its regulations for 
NSR Reform and on February 1, 2006, submitted these regulations to EPA 
for SIP approval. EPA disapproved these regulations on September 15, 
2010 (75 FR 56424) because the State's regulations did not meet the 
requirements of the Act, Federal regulations, and were not consistent 
with EPA policy. On March 11, 2011, TCEQ resubmitted the revisions 
adopted January 11, 2006, and submitted further revisions, adopted 
February 9, 2011, to address the grounds for EPA's September 15, 2010, 
disapproval. On February 22, 2012, TCEQ proposed additional revisions 
to these regulations and requested that EPA parallel process these 
revisions with the revisions submitted March 11, 2011, based upon the 
revisions that TCEQ proposed February 22, 2012. The TCEQ adopted these 
proposed revisions on July 25, 2012, and submitted them to EPA on 
August, 29, 2012. Finally, TCEQ submitted a letter dated May 3, 2012, 
to

[[Page 65120]]

EPA to meet its Federal NSR Reform Program demonstration requirements 
that provides its interpretation of certain NSR Reform rules to further 
clarify and ensure implementation consistent with the Federal NSR 
Reform Program. Sections I.B and I.D of this preamble include further 
details of what TCEQ submitted.

B. What changes did Texas submit?

    On March 11, 2011, the TCEQ submitted the following revisions to 
the Texas SIP:
     New Source Review for Eight-Hour Ozone Standard; Rule 
Project Number 2005-009-116-AI, adopted May 25, 2005. These revisions 
were originally submitted on June 10, 2005. EPA disapproved these SIP 
revisions on September 15, 2010, 75 FR 56424. The revisions submitted 
March 11, 2011, included the resubmittal of the 2005 revisions in order 
to reinstate before us for a new action, the rules that we disapproved 
in 2010.
     Federal New Source Review Permit Rules Reform; Rule 
Project Number 2006-010-116-PR, adopted January 11, 2006. These 
revisions were originally submitted on February 1, 2006. EPA 
disapproved these SIP revisions on September 15, 2010, 75 FR 56424. The 
revisions submitted March 11, 2011, included the resubmittal of the 
2006 revisions in order to reinstate before us for a new action, the 
rules that we disapproved in 2010.
     New Source One-Hour Ozone Major Source Thresholds and 
Emission Offsets; Rule Project Number 2008-030-116-PR, were adopted 
February 9, 2011, and submitted March 11, 2011.
     New Source Review (NSR) Reform; Rule Project Number 2010-
008-116-PR, were adopted February 9, 2011, and submitted March 11, 
2011.
     NSR Reform Revisions; Rule Project Number 2012-015-116-AI, 
were adopted July 25, 2012, and submitted August 29, 2012; which 
include revisions proposed February 22, 2012, for parallel processing.
     A letter dated May 3, 2012, which requested that EPA 
parallel process the revisions proposed February 22, 2012, and further 
included a demonstration showing that certain of its submitted rules 
are at least as stringent as the Federal NSR Reform Program.
    Additional information on the submitted SIP revisions is included 
in the proposed rulemaking for this final rule and in the Technical 
Support Document (TSD) which is located in the docket.\1\
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    \1\ The Technical Support Document is in the docket for this 
action as document number EPA-R06-OAR-2011-0332-0008. You can access 
this document at http://www.regulations.gov/#!documentDetail;D=EPA-
R06-OAR-2011-0332-0008. After you open this address, click on the 
``PDF'' icon to open the document.
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C. Proposal and Public Comments

    On June 20, 2012, EPA proposed to approve these revisions (77 FR 
36964). We established a public comment period and requested that 
interested parties submit comments on the proposal for a period of 30 
days (until July 20, 2012). We received comments from one industry 
group and three citizens. We address these comments in section II of 
this preamble.

D. Overview of Today's Final Rule

    As discussed above, we reviewed the rules that TCEQ submitted in 
two submittals dated March 11, 2011, and August 29, 2012. We proposed 
to approve the latter submittal, as proposed by TCEQ on February 22, 
2012, using our parallel processing authority. TCEQ adopted the latter 
submittal on July 25, 2012, without change from its proposal.
    In summary, we are approving the following revisions that TCEQ 
submitted to ensure that the rules are consistent with Federal 
requirements and approvable by EPA:

 Anti-backsliding of major NSR SIP requirements for the one-
hour ozone NAAQS, in areas that are also nonattainment for the eight-
hour ozone NAAQS.
 The Federal requirements for applicability of the 8-hour ozone 
requirements in non-attainment areas being the date of issuance of the 
permit.
 The Plantwide Applicability Limit (PAL) provisions as follows:
    [cir] Limited PALs to existing major stationary sources.
    [cir] Created provisions for PAL re-openings to make corrections 
that relating to PAL increases; PAL decreases; new applicable 
requirements (for example, NSPS); reductions to PALs to avoid causing 
or contributing to a violation to a NAAQS or PSD increment or an 
quality related value identified for a Federal Class I area.
    [cir] Created revisions for PAL invalidation for failure to use a 
monitoring system prescribed by the PAL.
    [cir] Adopted provisions to clarify that PALs are applicable to 
major stationary sources only and the TCEQ added language to require 
that all emission units at the major stationary source that emit the 
PAL pollutant be included in the PAL permit application.
    [cir] Adopted necessary definition changes for ``baseline actual 
emissions'' that specify that the calculations of baseline actual 
emissions for a PAL is an average rate.
    [cir] Adopted new definitions for the PAL program specific 
monitoring definitions in its rules such as Continuous Emissions 
Monitoring System (CEMS), Continuous Emissions Rate Monitoring System 
(CERMS), Continuous Parameter Monitoring System (CPMS), and Predictive 
Emissions Monitoring System (PEMS).
    [cir] Modified the definition of ``plant-wide applicability limit 
effective date'' by removing references to the date a Flexible Permit 
was issued.

    TCEQ also provided a clarification letter to EPA on May 3, 2012, 
which includes:
     A written demonstration for how the definition of 
``plantwide applicability limit'' provides that emission limits in its 
PAL Permits meets the Federal requirements for being enforceable as a 
practical matter.
     A written demonstration that monitoring data must meet 
minimum legal requirements for admissibility in a judicial proceeding 
to enforce the PAL.
     A written clarification that the Texas rules provides for 
the PAL limit to be enforced on a 12-month rolling average, and that 
for compliance purposes, the emission calculations must include 
emissions from startups, shutdowns, and malfunctions, including 
outlining that their rules require regulated entities, regardless of 
whether they have a PAL permit, to record (and in some cases report) 
emissions events, which include unscheduled maintenance, startup, and 
shutdown (MSS) activity emissions, with additional clarification that 
emissions from malfunctions are unauthorized emissions as defined in 30 
TAC 101.1(107); therefore, they are unauthorized (non-compliant) 
emissions.
    TCEQ also addressed EPA's concerns about several non-PAL aspects of 
the major NSR SIP requirements including:
     Explicitly limiting the definition of ``Facility'' to an 
emissions unit by adding the clarification language that the use of 
``facility'' by adding ``or emissions unit'' to the terms ``facility'' 
or ``facilities.''
     Revising the definitions of ``baseline emissions'' and 
``projected actual emissions'' to require the inclusion of emissions 
resulting from startups and shutdowns.

[[Page 65121]]

     Revisions to clarify that startup and shutdown emissions 
reported under Chapter 101 be included in the calculation of baseline 
actual emissions but only to the extent that they have been authorized 
or are being authorized to ensure that non-compliant emissions are 
excluded from baseline actual emissions.
     Amending the definition of ``projected actual emissions'' 
by replacing the phrase ``unauthorized emissions from startup and 
shutdown activities'' with ``emissions from planned maintenance, 
startup, or shutdown activities,'' which were historically unauthorized 
and subject to reporting under Chapter 101 to ensure that this 
definition is compatible with the definition of ``baseline actual 
emissions.''
    We are taking final action to approve these revisions for the 
reasons discussed in the EPA's June 20, 2012, proposal, and in our 
response to comments discussed in section II. Please refer to the 
proposal and the TSD for the additional information on the basis for 
this final action.

II. What comments did we receive and what is our response to the 
comments?

    We received comments from the Texas Industry Project (TIP) and from 
three citizens. These comments and our responses are summarized below.

A. Comment Relating To Invalidation of PAL Permits Because of 
Monitoring Malfunctions or Downtime

    Comment. We received a comment from TIP requesting that EPA confirm 
that its interpretation of proposed revisions to 30 TAC 116.186(b)(9) 
and associated Federal PAL provisions that PAL permits will not be 
invalidated because of monitoring malfunctions and other downtime. The 
commenter stated that each of these provisions states that ``[f]ailure 
to use a monitoring system that meets the requirements of this section 
renders the PAL permit invalid'' as stated at 37 Tex. Reg. 1661, 1674 
(March 9, 2012); and in the Federal rules at 40 CFR 51.165(f)(12)(i)(D) 
and 51.166(w)(12)(i)(d). This would be consistent with TCEQ's 
interpretation, which is: ``[T]he phrase `failure to use' in EPA's rule 
means failure to install or operate the prescribed monitoring device or 
system to operate under a PAL permit, rather than an inadvertent 
malfunction or maintenance downtime of the monitoring device or 
system.'' See 37 Tex. Reg. at 1663. This also appears to be consistent 
with EPA's interpretation. See 75 FR 56424, at 56438 (September 15, 
2010) (indicating EPA's intent to require State PAL programs to provide 
for ``invalidating the PAL if there is no compliance with the required 
monitoring''). This interpretation is also consistent with other PAL 
provisions that acknowledge the possibility of monitoring malfunctions 
or other downtime. For example, the ``monitoring system'' can rely on 
emissions factors. See 40 CFR 51.165(f)(12)(ii)(D) and 
51.166(w)(12)(ii)(d); and 30 TAC 116.186(c)(3)(D). The rules also 
require recording and reporting maximum emissions ``during any period 
of time that there is no monitoring data,'' unless another method is 
specified in the permit. See 40 CFR 51.165(f)(12)(vii) and 
51.166(w)(12)(vii); and 30 TAC 116.186(b)(8). As another example, the 
rules call for periodic reporting of ``deviations or monitoring 
malfunctions.'' See 40 CFR 51.165(f)(14)(i)(E) and 51.166(w)(14)(i)(e); 
and 30 TAC 116.186(b)(4)(C)(v).
    Response. EPA confirms that the requirements in 30 TAC 
116.116(b)(9) do not require PAL permits to be invalidated because of 
monitoring malfunctions or maintenance performed in accordance with 
applicable Federal regulations and with appropriate backup and 
provision for substitute data. EPA's December 31, 2002, NSR Reform 
rulemaking provides:

    You will also need to provide calculations for the maximum 
potential emissions without considering enforceable emission 
limitations or operational restrictions for each unit in order to 
determine emissions during periods when the monitoring system is not 
in operation or fails to provide data. In lieu of the permit 
requiring maximum potential emissions during periods when there is 
no monitoring data, you may propose another alternate monitoring 
approach as a backup. This backup monitoring, however must still 
meet the minimum requirements for the monitoring approaches 
prescribed in the regulation.

See 67 FR 80186, at 80213. The requirement is also provided in the 
Federal PAL rule at 40 CFR 51.165(f)(12)(vii) and 51.166(w)(12)(vii). 
The Federal PAL rule contemplates circumstances when the monitoring 
system is not in operation or fails to provide data (such as during 
periods of malfunction or maintenance) during which the PAL permit need 
not be invalidated when the applicant either provides calculations for 
the maximum potential emissions without considering enforceable 
emission limitations or operational restrictions for each unit in order 
to determine emissions or uses another alternate monitoring approach 
that meet the minimum requirements for the monitoring approaches 
prescribed in the regulation.
    TCEQ outlined in its July 25, 2012, adoption, the following:

    Any invalidation of a PAL permit will be subject to necessary 
and appropriate procedures in the Texas statutes and TCEQ rules. 
Texas Water Code (TWC), Sec.  7.302, regarding Grounds for 
Revocation or Suspension of Permit, provides the commission the 
authority to suspend or reissue a permit on prescribed grounds after 
notice and hearing. Prior to any invalidation of a PAL permit, the 
commission anticipates enforcement action that could include a 
request for revocation.

See the August 29, 2012, submittal of revisions to 30 TAC 
116.186(b)(9), final rule, Section by Section Discussion, on pages 9-
10. Furthermore, the requirements relating to periods when monitoring 
data are not available because of monitoring malfunctions or 
maintenance are included in 30 TAC 116.186(b)(8) which provides that 
during the absence of monitoring data, ``[a] source owner or operator 
shall record and report maximum potential emissions without considering 
enforceable emission limitations or operational restrictions for a 
facility during any period of time that there is no monitoring data, 
unless another method for determining emissions during such periods is 
specified in the PAL permit special conditions.'' The requirements of 
30 TAC 116.186(b)(8) are approvable because they meet the requirements 
of 40 CFR 51.165(f)(12)(vii) and 51.166(w)(12)(vii) as discussed above.

B. Comment Relating to Interference With Attainment, Reasonable Further 
Progress, or Any Other Applicable Requirement of the Act

    Comment. TIP commented that it supports EPA's proposed approval of 
each applicable Texas regulation because these regulations comply with 
the Federal Clean Air Act and are important components of Texas's 
stationary source permitting program. TIP further agrees with EPA's 
analysis that the Texas PAL rules are environmentally protective 
because they ``will generally be established at a level that is lower 
than the allowable emissions established in the pre-existing permit'' 
and ``create[] [an] incentive for an owner or operator to create room 
for growth.'' See 77 FR 36964, at 36979.
    Response. EPA acknowledges the above comment.

C. General Comments

    EPA received three comments from citizens on this proposed rule. 
Each of these comments relates to the proposed

[[Page 65122]]

New Source Performance Standard (NSPS) for Greenhouse Gases which is 
outside the scope of this action.

III. Final Action

    Under section 110(k)(3) and parts C and D of the Act and for the 
reasons stated above, EPA approves the following revisions to the Texas 
SIP:
     Revisions to 30 TAC 116.12--Nonattainment and Prevention 
of Significant Deterioration Review Definitions--adopted May 25, 2005, 
submitted June 10, 2005, and resubmitted March 11, 2011; revisions 
adopted January 11, 2006, submitted February 1, 2006, and resubmitted 
March 11, 2011; two revisions adopted February 9, 2011, submitted March 
11, 2011; revisions adopted July 25, 2012, and submitted August 29, 
2012; and the letter from TCEQ to EPA dated May 3, 2012, which 
clarifies TCEQ's interpretation of 30 TAC 116.12(22).
     Revisions to 30 TAC 116.115--General and Special 
Conditions--adopted February 9, 2011, and submitted March 11, 2011.
     New 30 TAC 116.127--Actual to Projected Actual and 
Emission Exclusion Test for Emissions--adopted January 11, 2006, 
submitted February 1, 2006 (as 30 TAC 116.121) and resubmitted March 
11, 2011; and revisions adopted February 9, 2011, and submitted March 
11, 2011, which redesignated this section to 30 TAC 116.127.
     Revisions to 30 TAC 116.150--New Major Source or Major 
Modification in Ozone Nonattainment Area--adopted May 25, 2005, 
submitted June 10, 2005, and resubmitted March 11, 2011; revisions 
adopted January 11, 2006, submitted February 1, 2006, and resubmitted 
March 11, 2011; and revisions adopted July 25, 2012, and submitted 
August 29, 2012.
     Revisions to 30 TAC 116.151--New Major Source or Major 
Modification in Nonattainment Areas Other Than Ozone--adopted January 
11, 2006, submitted February 1, 2006, and resubmitted March 11, 2011 
(without further revision); and revisions adopted July 25, 2012, and 
submitted August 29, 2012.
     New 30 TAC 116.180--Applicability--adopted January 11, 
2006, submitted February 1, 2006, and resubmitted March 11, 2011; 
revisions adopted February 9, 2011, and submitted March 11, 2011; and 
revisions adopted July 25, 2012, and submitted August 29, 2012.
     New 30 TAC 116.182--Plant-Wide Applicability Permit--
adopted January 11, 2006, submitted February 1, 2006, and resubmitted 
March 11, 2011; and revisions adopted February 9, 2011, and submitted 
March 11, 2011.
     New 30 TAC 116.184--Application Review Schedule--adopted 
January 11, 2006, submitted February 1, 2006, and resubmitted March 11, 
2011 (without further revision).
     New 30 TAC 116.186--General and Specific Conditions--
adopted January 11, 2006, submitted February 1, 2006, and resubmitted 
March 11, 2011; revisions adopted February 9, 2011, and submitted March 
11, 2011; revisions adopted July 25, 2012, and submitted August 29, 
2012; and the letter from TCEQ to EPA dated May 3, 2012, which 
clarifies TCEQ's interpretation of 30 TAC 116.186.
     New 30 TAC 116.188--Plant-Wide Applicability Limit--
adopted January 11, 2006, submitted February 1, 2006, and resubmitted 
March 11, 2011; and revisions adopted February 9, 2011, and submitted 
March 11, 2011.
     New 30 TAC 116.190--Federal Nonattainment and Prevention 
of Significant Deterioration Review--adopted January 11, 2006, 
submitted February 1, 2006, and resubmitted March 11, 2011; and 
revisions adopted February 9, 2011, and submitted March 11, 2011.
     New 30 TAC 116.192--Amendments and Alterations--adopted 
January 11, 2006, submitted February 1, 2006, and resubmitted March 11, 
2011; and revisions adopted February 9, 2011, and submitted March 11, 
2011.
     New 30 TAC 116.196--Renewal of a Plant-Wide Applicability 
Limit Permit--adopted January 11, 2006, submitted February 1, 2006; and 
resubmitted March 11, 2011 (without further revision).
     New 30 TAC 116.198--Expiration or Voidance--adopted 
January 11, 2006, submitted February 1, 2006, and resubmitted March 11, 
2011 (without further revision).
    EPA is also amending the second table under 40 CFR 52.2270(e) 
entitled ``EPA Approved Nonregulatory and Quasi-Regulatory Measures in 
the SIP'' to include TCEQ's May 3, 2012, ``Letter of explanation and 
interpretation of the Texas SIP for NSR Reform.''
    Finally, EPA is amending 40 CFR 52.2273(d) to remove the references 
to rules that were disapproved September 15, 2010, and which are now 
approved in this action.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. See 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, this notice merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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 Clean Air Act; and
     Does 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

[[Page 65123]]

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 in 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 24, 2012.
    Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of this action for 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, Carbon monoxide, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic 
compounds.

    Dated: October 11, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended 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. Section 52.2270 is amended as follows:
0
a. The table in paragraph (c) entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended as follows:
0
i. By revising the entries under ``Chapter 116 (Reg 6)--Control of Air 
Pollution by Permits for New Construction or Modification'' for 
Sections 116.12, 116.115, 116.150, and 116.151.
0
ii. By adding a new entry for Section 116.127 in numerical order under 
Chapter 116 (Reg 6), Subchapter B--New Source Review Permits, and 
Division 1--Permit Application.
0
iii. By adding a new heading immediately following the entry for 
Section 116.176 entitled ``Subchapter C--Plant-Wide Applicability 
Limits'', followed by a new heading entitled ``Division 1--Plant-Wide 
Applicability Limits'', followed by new entries for Sections 116.180, 
116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 
116.198.
0
b. Paragraph (e) is amended by adding a new entry for ``Letter of 
explanation and interpretation of the Texas SIP for NSR Reform'' at the 
end of the second table in paragraph (e) entitled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP.''


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
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                                                      State approval/
        State citation             Title/Subject       submittal date    EPA approval date       Explanation
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 116.12...............  Nonattainment and             7/25/2012  10/25/2012, [Insert  The SIP includes
                                Prevention of                            FR page number       TCEQ's letter
                                Significant                              where document       dated 5/3/2012,
                                Deterioration                            begins].             which explains and
                                Review Definitions.                                           clarifies TCEQ's
                                                                                              interpretation of
                                                                                              the definition of
                                                                                              ``plant-wide
                                                                                              applicability
                                                                                              limit'' in
                                                                                              paragraph (22).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 116.115..............  General and Special            2/9/2011  10/25/2012, [Insert
                                Conditions.                              FR page number
                                                                         where document
                                                                         begins].
 
                                                  * * * * * * *
Section 116.127..............  Actual to Projected            2/9/2011  10/25/2012, [Insert
                                Actual and Emission                      FR page number
                                Exclusion Test for                       where document
                                Emissions.                               begins].
 

[[Page 65124]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Division 5--Nonattainment Review
----------------------------------------------------------------------------------------------------------------
Section 116.150..............  New Major Source or           7/25/2012  10/25/2012, [Insert
                                Major Modification                       FR page number
                                in Ozone                                 where document
                                Nonattainment Area.                      begins].
Section 116.151..............  New Major Source or           7/25/2012  10/25/2012, [Insert
                                Major Modification                       FR page number
                                in Nonattainment                         where document
                                Area Other than                          begins].
                                Ozone.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Subchapter C--Plant-wide Applicability Limits
----------------------------------------------------------------------------------------------------------------
                                   Division 1--Plant-wide Applicability Limits
----------------------------------------------------------------------------------------------------------------
Section 116.180..............  Applicability.......          7/25/2012  10/25/2012, [Insert
                                                                         FR page number
                                                                         where document
                                                                         begins].
Section 116.182..............  Plant-Wide                     2/9/2011  10/25/2012, [Insert
                                Applicability Limit                      FR page number
                                Permit Application.                      where document
                                                                         begins].
Section 116.184..............  Application Review            1/11/2006  10/25/2012, [Insert
                                Schedule.                                FR page number
                                                                         where document
                                                                         begins].
Section 116.186..............  General and Specific          7/25/2012  10/25/2012, [Insert  The SIP includes
                                Conditions.                              FR page number       TCEQ's ``Letter of
                                                                         where document       explanation and
                                                                         begins].             interpretation of
                                                                                              the Texas SIP for
                                                                                              NSR Reform'' dated
                                                                                              5/3/2012, which
                                                                                              explains and
                                                                                              clarifies TCEQ's
                                                                                              interpretation of
                                                                                              paragraphs (a),
                                                                                              (b)(9) and (c)(2).
Section 116.188..............  Plant-Wide                     2/9/2011  10/25/2012, [Insert
                                Applicability Limit.                     FR page number
                                                                         where document
                                                                         begins].
Section 116.190..............  Federal                        2/9/2011  10/25/2012, [Insert
                                Nonattainment and                        FR page number
                                Prevention of                            where document
                                Significant                              begins].
                                Deterioration
                                Review.
Section 116.192..............  Amendments and                 2/9/2011  10/25/2012, [Insert
                                Alterations.                             FR page number
                                                                         where document
                                                                         begins].
Section 116.196..............  Renewal of Plant-             1/11/2006  10/25/12, [Insert
                                Wide Applicability                       FR page number
                                Limit Permit.                            where document
                                                                         begins].
Section 116.198..............  Expiration and                1/11/2006  10/25/2012, [Insert
                                Voidance.                                FR page number
                                                                         where document
                                                                         begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *
* * * * *

[[Page 65125]]



              EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
      Name of SIP  provision          geographic or     submittal date/  EPA approval date         Comments
                                    nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Letter of explanation and          Statewide..........        5/3/2012  10/25/2012, [Insert  Letter dated 5/3/
 interpretation of the Texas SIP                                         FR page number       2012 from TCEQ to
 for NSR Reform.                                                         where document       EPA explains and
                                                                         begins].             clarifies TCEQ's
                                                                                              interpretation of
                                                                                              section
                                                                                              116.12(22); and
                                                                                              section
                                                                                              116.186(a),
                                                                                              (b)(9), and
                                                                                              (c)(2).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2273(d) is amended as follows:
0
a. By removing paragraphs (d)(1)(ii) through (iii).
0
b. By removing and reserving paragraphs (d)(2) through (3).
0
c. By removing and reserving paragraphs (d)(4)(i) through (vii).
0
d. By removing paragraphs (d)(4)(ix) through (x).


Sec.  52.2273  Approval status.

* * * * *
    (d) * * *
* * * * *
    (2)-(3) [Reserved]
    (4) * * *
    (i)-(vii) [Reserved]
* * * * *
[FR Doc. 2012-26094 Filed 10-24-12; 8:45 am]
BILLING CODE 6560-50-P