[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Rules and Regulations]
[Pages 31046-31049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12474]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0495; FRL-9909-35-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions for Permitting of Particulate Matter With Diameters Less Than 
or Equal to 2.5 Micrometers (PM2.5)

AGENCY: Environmental Protection Agency (EPA).

[[Page 31047]]


ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Texas State Implementation Plan (SIP) submitted by the 
Texas Commission on Environmental Quality (TCEQ) on May 19, 2011. The 
May 19, 2011, SIP submission adopts revisions to the Texas General Air 
Quality Definitions and Permits by Rule (PBR) program consistent with 
certain federal rules implementing the 1997 and 2006 PM2.5 
National Ambient Air Quality Standard (NAAQS). EPA finds that the Texas 
Prevention of Significant Deterioration (PSD) New Source Review (NSR) 
SIP meets all EPA PM2.5 PSD SIP rules. These rules include 
permitting components such as the PM2.5 precursors of sulfur 
dioxide and nitrogen oxides, condensables, significant emissions rates 
(SER), and increment. EPA is approving these actions under section 110 
and part C of the Clean Air Act (CAA or the Act).

DATES: This final rule is effective on June 30, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2011-0495. 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 Planning Section 
(6PD-R), telephone (214) 665-2115, email address [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 
February 14, 2014 proposal (79 FR 8916). In that notice, we proposed to 
approve revisions to the Texas SIP at 30 TAC Sections 101.1 and 106.4 
submitted on May 19, 2011, for the implementation of the 1997 and 2006 
PM2.5 NAAQS. EPA also proposed to find that the Texas PSD 
NSR SIP met the PM2.5 PSD requirements contained in the 
federal regulations as of December 9, 2013, including regulation of 
NOX and SO2 as PM2.5 precursors, 
regulation of condensables, and PM2.5 increments.

II. Response to Comments

    We received comments from the Texas Industry Project (TIP) on our 
February 14, 2014 proposal. The comments we received can be accessed in 
their entirety from the www.regulations.gov Web site (Docket No. EPA-
R06-OAR-2011-0495). The TIP generally expressed support for our 
proposed rulemaking, but did request clarification on certain issues. 
Following is a summary of the comments submitted from TIP and EPA's 
response.
    Comment: TIP requests that EPA acknowledge that ammonia is not 
regulated as a precursor for PM2.5 for PSD permitting under 
the Texas SIP. The commenter also presented information about EPA's 
treatment of ammonia and volatile organic compounds (VOC) as precursors 
to PM2.5 in the federal PSD Program. Specifically, the 
commenter referenced EPA's May 16, 2008 NSR PM2.5 
Implementation Rule; the lack of a significant emission rate for VOC or 
ammonia in the federal PSD rules at 40 CFR 51.166(b)(23)(i); and the 
definition of ``regulated NSR pollutant'' where VOC is presumed out and 
ammonia is not mentioned at 40 CFR 51.166(b)(49).
    Response: As discussed below, EPA agrees with the commenter's 
conclusion that this approval action of the Texas PM2.5 SIP 
will not result in regulating ammonia or VOCs as precursors to 
PM2.5. Federal rules do not require the Texas PSD program to 
regulate VOCs or ammonia as precursors to PM2.5.
    In the May 16, 2008 NSR PM2.5 Implementation Rule, the 
EPA finalized revisions to the PSD program to govern regulation of 
SO2, NOX and VOCs as regulated NSR pollutants. 
For purposes of PSD, SO2 is a regulated NSR pollutant under 
all circumstances; NOX is presumptively regulated as an NSR 
pollutant, unless the State or EPA demonstrates that emissions of 
NOX from sources in a specific area are not a significant 
contributor to that area's ambient PM2.5 concentrations; and 
VOCs are presumptively not regulated as an NSR pollutant, unless the 
State or EPA demonstrates that emissions of VOCs from sources in a 
specific area are a significant contributor to that area's ambient 
PM2.5 concentrations. See 40 CFR 51.166(b)(49)(i)(b)-(d), 
52.21(b)(50)(i)(b)-(d). The EPA did not include ammonia as a regulated 
NSR pollutant for purposes of PSD.
    As to nonattainment NSR, States were not required to regulate 
ammonia as a PM2.5 precursor for a specific nonattainment 
area unless either the state or EPA provided a satisfactory 
demonstration that ammonia emissions from sources in a specific 
nonattainment area are a significant contributor to that area's ambient 
PM2.5 concentrations. See 40 CFR 51.165(a)(1)(xxxvii)(C)(4). 
However, the EPA clarified that ``the action of any State identifying 
ammonia emissions as a significant contributor to a nonattainment 
area's PM2.5 concentrations, or our approval of a 
nonattainment SIP doing so, does not make ammonia a regulated NSR 
pollutant for the purposes of PSD in any attainment or unclassifiable 
areas nationally.'' See 73 FR 28321, 28330.
    Texas was therefore not required by the EPA to address ammonia in 
its PSD regulations and there is no indication that Texas intended to 
identify ammonia as a regulated NSR pollutant for purposes of PSD 
permitting for PM2.5. Texas also did not revise its PSD 
regulations to regulate VOCs as a PM2.5 precursor, as 
neither Texas nor the EPA demonstrated that emissions of VOCs from 
sources in the State significantly contribute to PM2.5 
concentrations in the State. The EPA is approving the Texas SIP as 
regulating only SO2 and NOX as PM2.5 
precursors for purposes of PSD permitting. No changes were made to our 
final rule as a result of this comment.

III. Final Action

    We are approving the May 19, 2011, submittal for the State of Texas 
revising 30 TAC Sections 101.1(25), (75), (76), and (78) and 
106.4(a)(1) and (a)(4) for the implementation of the 1997 and 2006 
PM2.5 NAAQS and non-substantive revisions to 30 TAC 
106.4(a)(2) and (c) as proposed. We also find that the Texas PSD NSR 
SIP satisfies the PM2.5 PSD requirements contained in 
federal regulations as of December 9, 2013. This action is being taken 
under section 110 and part C of the Act.
    Also in this action we are making a ministerial revision to the 
Texas SIP to reflect a recent EPA final approval of the

[[Page 31048]]

Texas PSD program. In Title 40 of the Code of Federal Regulations, Part 
52, Sec.  52.2303, paragraph (a)(2) is corrected to reflect the January 
6, 2014, Federal Register EPA final action (79 FR 551) that replaced 
two provisions of the Texas PSD Supplement, paragraphs (a) and (b) of 
Board Order 87-09.

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. 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. 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, 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 July 29, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: May 16, 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. In Sec.  52.2270 (c), the table titled ``EPA APPROVED REGULATIONS IN 
THE TEXAS SIP'' is amended by revising the entries for Sections 101.1 
and 106.4 to 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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                                                  * * * * * * *
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                                     Chapter 101--General Air Quality Rules
----------------------------------------------------------------------------------------------------------------
                                           Subchapter A--General Rules
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Section 101.1....................  Definitions........      04/20/2011  05/30/2014 [Insert
                                                                         FR page number
                                                                         where document
                                                                         begins].
 

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                                                  * * * * * * *
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                                          Chapter 106--Permits by Rule
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                                       Subchapter A--General Requirements
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                                                  * * * * * * *
Section 106.4....................  Requirements for         04/20/2011  05/30/2014 [Insert
                                    Permitting by Rule.                  FR page number
                                                                         where document
                                                                         begins].
 
                                                  * * * * * * *
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* * * * *

0
3. In Sec.  52.2303 is amended by adding paragraph (a)(1)(x) and 
revising paragraph (a)(2) to read as follows.


Sec.  52.2303  Significant deterioration of air quality.

    (a) * * *
    (1) * * *
    (x) June 30, 2014 (as revised by the Texas Commission on 
Environmental Quality on April 20, 2011 and submitted on May 19, 2011) 
to address PSD permitting requirements for PM2.5 promulgated 
by EPA on May 16, 2008, October 20, 2010, and December 9, 2013.
    (2) The Prevention of Significant Deterioration (PSD) Supplement 
document, submitted October 26, 1987 (as adopted by the TACB on July 
17, 1987) and revised on July 2, 2010, to remove paragraphs (7)(a) and 
(7)(b). See EPA's final approval action on January 6, 2014.
* * * * *
[FR Doc. 2014-12474 Filed 5-29-14; 8:45 am]
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