[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Rules and Regulations]
[Pages 8861-8863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03173]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0528; FRL-9906-60-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to the New Source Review (NSR) State Implementation Plan 
(SIP); Standard Permit for Oil and Gas Facilities and Standard Permit 
Applicability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
revisions to the Texas New Source Review (NSR) State Implementation 
Plan (SIP) submitted by the Texas Commission on Environmental Quality 
(TCEQ) on September 20, 1995; April 19, 1996; July 22, 1998; and 
September 11, 2000. These revisions to the Texas SIP establish the 
Standard Permit for Installation and/or Modification of Oil and Gas 
Facilities. EPA is also approving non-substantive revisions to the 
Texas Standard Permit SIP rules relating to applicability, submitted on 
February 1, 2006, and March 11, 2011. EPA is taking these actions in 
accordance with section 110 of the Clean Air Act (CAA).

DATES: This final rule is effective on March 17, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2011-0528. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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 and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the Air Planning Section (6PD-L), Environmental Protection Agency, 1445 
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. Contact the person 
listed in the FOR FURTHER INFORMATION CONTACT paragraph below to make 
an appointment.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, Air Permits Section (6PD-
R), telephone (214) 665-2115, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our 
December 24, 2013, proposal (78 FR 77261). In that notice, we proposed 
to approve four submittals from the State of Texas as revisions to the 
Texas New Source Review (NSR) State Implementation Plan (SIP) that 
incorporate the Standard Permit for Installation and/or Modification of 
Oil and Gas Facilities (hereafter referred to as the ``Oil and Gas 
Standard Permit''). Texas initially submitted the Standard Permit 
provisions on September 20, 1995, and submitted subsequent revisions to 
those provisions on April 19, 1996; July 22, 1998; and September 11, 
2000. The proposed approval and accompanying Technical Support Document 
explain the existing SIP-approved Standard Permit Program in Texas; 
give a summary of each of the submittals being addressed in this 
action; and explain how those submittals comply with the applicable 
federal requirements. The proposal further explains that the Oil and 
Gas Standard Permit includes standardized conditions for the emission 
units located at oil and gas facilities that may be authorized by the 
Standard Permit. If a proposed project at an oil and gas facility 
includes any emission units that are not explicitly covered by the Oil 
and Gas Standard Permit, the permit applicant must obtain another type 
of Standard Permit authorization, a permit-by-rule (PBR) or, if 
necessary, case-by-case NSR permitting for authorization.
    In the December 24, 2013 proposal, we also proposed to approve 
submittals from the State of Texas as a revision to the NSR SIP that 
contain non-substantive changes to the applicability

[[Page 8862]]

provisions of the Standard Permits SIP permitting program. Texas 
submitted revisions to the Standard Permit applicability provisions on 
February 1, 2006 and resubmitted them on March 11, 2011.

II. Response to Comments

    We received comments from the Texas Commission on Environmental 
Quality (TCEQ) and the Texas Pipeline Association (TPA) on our December 
24, 2013 proposal. The comments we received can be accessed from the 
www.regulations.gov Web site (Docket No. EPA-R06-OAR-2011-0528). 
Generally, both the TCEQ and TPA were supportive of our proposed action 
and expressed agreement with our analysis. However, each commenter 
provided the following information concerning our proposed rulemaking 
for which EPA would like to provide clarification.
    Comment 1: The TCEQ notes that the commission adopts standard 
permits in an open meeting, for which notice is posted at least seven 
days in advance and which provides additional opportunity for public 
comment on the standard permit. Further, registration is required for 
the Oil and Gas Standard Permit.
    Response 1: EPA acknowledges the TCEQ's support of our rulemaking 
and appreciates the additional information provided by the TCEQ 
regarding the rules and processes for implementing the Standard Permit 
program. We agree that, in addition to a public hearing, the TCEQ is 
required to adopt Rule Standard Permits in an open meeting and post 
notice of the open meeting seven days in advance of the event. The 
public meetings provided the public with an additional opportunity for 
public comment on the Oil and Gas Standard Permit as adopted and 
amended. EPA has prepared a Supplement to the Technical Support 
Document to include the clarification from TCEQ. This Supplement to the 
Technical Support Document is available in our rulemaking docket, EPA-
R06-OAR-2011-0528. EPA also recognizes that applicants must register 
the use of the Standard Permit.
    Comment 2: The TPA commented that ``Through incorporation by 
reference in TCEQ's Non-Rule Standard Permit, the terms of the Oil and 
Gas Standard Permit continue to authorize existing and unchanged 
facilities throughout the State of Texas and new projects and dependent 
facilities in all Texas counties except for 15 counties located in the 
Barnett Shale area.''
    Response 2: EPA acknowledges the support of the TPA for our 
rulemaking, but must clarify and correct that statement made in Comment 
2 above. The Oil and Gas Standard Permit addressed in this action is a 
separate Minor NSR permit mechanism from the Non-Rule Standard Permit 
for Oil and Gas. While similar source categories are authorized under 
each, the Non-Rule Standard Permit for Oil and Gas applies only to the 
15 counties in the Barnett Shale region. The Oil and Gas Standard 
Permit applies throughout the State of Texas, with the exception of the 
15 counties, for the listed categories of sources. Additionally, Texas 
promulgated this Oil and Gas Standard Permit by regulation at 30 TAC 
116.620, and it is not incorporated into the Non-Rule Standard Permit, 
which was developed through a separate process under the SIP.\1\
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    \1\ Texas adopted the Non-Rule Standard Permit in accordance 
with 30 TAC Section116.601(a)(2). EPA approved this process for 
Texas to adopt non-rule standard permits into the Texas SIP on 
November 14, 2003. 68 FR 64543.
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III. Final Action

    We are approving SIP submittals from the State of Texas for the 
Minor NSR Oil and Gas Standard Permit at 30 TAC Section 116.620 as 
submitted September 20, 1995; April 19, 1996; July 22, 1998; and 
September 11, 2000. The types of emission units that may be authorized 
by this section are the following: Internal combustion engines (ICEs), 
natural gas turbines (NG turbines), flares, other combustion units 
(design heat input >40 million BTU per hour), natural gas glycol 
dehydration units, storage tanks, separators, condensers, vapor 
recovery units, process vents, and process fugitives. We are also 
approving the submittals for the Standard Permit SIP rules making non-
substantive changes to the Standard Permit applicability provisions in 
30 TAC Sections 116.610(a) and (b) as submitted February 1, 2006, and 
resubmitted March 11, 2011. We are approving these SIP revisions in 
accordance with section 110 of the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Clean Air Act and 
applicable Federal regulations. 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 action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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. section 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 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,

[[Page 8863]]

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 by 
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 April 15, 2014. 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, Carbon monoxide, 
Incorporation by reference, Hydrocarbons, Intergovernmental relations, 
Lead, Nitrogen oxides, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 3, 2014.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR Part 52 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. The table in Sec.  52.2270(c) titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by revising the entry for 116.610 and adding 
a new entry for Section 116.620 immediately after the entry for Section 
116.615.
    The amendments read as follows:


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    EPA approval date         Explanation
                                                           date
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          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
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                                         Subchapter F--Standard Permits
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                                                  * * * * * * *
Section 116.610.................  Applicability......    1/11/2006  2/14/2014 [Insert    The SIP does not
                                                                     FR page number       include subsection
                                                                     where document       116.610(d).
                                                                     begins].
 
                                                  * * * * * * *
Section 116.620.................  Installation and/or     8/9/2000  2/14/2014 [Insert    The types of emission
                                   Modification of                   FR page number       units that may be
                                   Oil and Gas                       where document       authorized by this
                                   Facilities.                       begins].             section are the
                                                                                          following:
                                                                                          Internal
                                                                                          combustion engines
                                                                                          (ICEs),
                                                                                          Natural gas
                                                                                          turbines (NG
                                                                                          turbines),
                                                                                             Flares,
                                                                                             Other
                                                                                             combustion units
                                                                                             (design heat input
                                                                                             >40 million BTU per
                                                                                             hour),
                                                                                             Natural gas
                                                                                             glycol dehydration
                                                                                             units,
                                                                                             Storage
                                                                                             tanks,
                                                                                             Separators,
                                                                                             Condensers,
                                                                                             Vapor
                                                                                             recovery units,
                                                                                             Process
                                                                                             vents, and
                                                                                             Process
                                                                                             fugitives
 
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[FR Doc. 2014-03173 Filed 2-13-14; 8:45 am]
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