[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Proposed Rules]
[Pages 6491-6493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02891]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0124; FRL-9973-35--Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to Permitting and Public Participation for Air Quality Permit 
Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve four 
revisions to the Texas State Implementation Plan (SIP) on December 12, 
2016 and February 21, 2017, specific to air quality permitting and 
public notice for air quality permit applications.

DATES: Written comments should be received on or before March 16, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0124, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Adina Wiley, 214-665-
2115, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214-
665-7253.

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

I. Background

    The Act at Section 110(a)(2)(C) requires states to develop and 
submit to EPA for approval into the SIP, preconstruction review and 
permitting programs applicable to certain new and modified stationary 
sources of air pollutants for attainment and nonattainment areas that 
cover both major and minor new sources and modifications, collectively 
referred to as the NSR SIP. The CAA NSR SIP program is composed of 
three separate programs: Prevention of Significant Deterioration (PSD), 
Nonattainment New Source Review (NNSR), and Minor NSR. The EPA codified 
minimum requirements for these State permitting programs including 
public participation and notification requirements at 40 CFR 51.160-
51.164. Requirements specific to construction of new stationary sources 
and major modifications in nonattainment areas are codified at 40 CFR 
51.165 for the NNSR program. Requirements for permitting of new 
stationary sources and major modifications in attainment areas subject 
to PSD, including additional public participation requirements, are 
found at 40 CFR 51.166. This proposed approval action will address four 
separate revisions to the Texas NSR SIP submitted on December 12, 2016 
and February 21, 2017. On December 12, 2016, the Texas Commission on 
Environmental Quality (TCEQ) submitted a revision to the major NSR 
program to remove from the Texas SIP the Compliance History provisions 
at 30

[[Page 6492]]

TAC Sections 116.120-116.123, 116.125 and 116.126. On February 21, 
2017, the TCEQ submitted three separate revisions to the Texas SIP 
revising the public notice provisions applicable to air quality permit 
applications.

II. The EPA's Evaluation

    The accompanying Technical Support Documents for this action 
include a detailed analysis of the submitted revisions to the Texas 
SIP. In many instances the revisions are minor or non-substantive in 
nature and do not change the intent of the originally approved SIP 
requirements. Following is a summary of our analysis for the submitted 
revisions.

A. Evaluation of the Repeal of Chapter 116 Compliance History 
Requirements

    The Chapter 116 Compliance History provisions were initially 
adopted by the State on June 17, 1998, at 30 TAC Sections 116.120-
116.126. These revisions were submitted to the EPA as a SIP revision on 
July 22, 1998. The EPA approved these requirements into the SIP on 
September 18, 2002 at 67 FR 58697.
    The TCEQ repealed the requirements of 30 TAC Section 116.124 on 
September 2, 1999. The EPA approved this repeal on January 6, 2014 at 
79 FR 551. The TCEQ repealed the remaining provisions at 30 TAC 
Sections 116.120-116.123, 116.125 and 116.126 on August 7, 2002 and 
replaced the requirements with media neutral compliance history 
requirements under 30 TAC Chapter 60 pursuant to the requirements of 
Texas House Bill 2912. The TCEQ did not submit the repeal of 30 TAC 
Sections 116.120-116.123, 116.125 and 116.126 at the time of the state 
rulemaking. The repeal of these requirements was submitted on December 
12, 2016 as Rule Project Number 2016-028-SIP-NR.
    The repeal of the remaining compliance history provisions at 30 TAC 
Sections 116.120-116.123, 116.125 and 116.126 is approvable. This 
repeal was developed in accordance with the CAA and the State provided 
reasonable notice and public hearing. The repeal of these provisions 
will remove obsolete requirements from the Texas SIP. The EPA has 
determined it is appropriate to approve the repeal and removal of these 
provisions from the SIP since there are no federal requirements to 
include comparable provisions in a SIP. This repeal will have no 
negative impact on the Texas New Source Review program because the SIP-
approved permit programs do not rely on the repealed Compliance History 
provisions. Therefore, we conclude that this repeal maintains 
consistency with federal requirements for SIP development and New 
Source Review permitting, and therefore, will not interfere with 
attainment or reasonable further progress.

B. Evaluation of the Revisions to Texas Public Notice Requirements

    On February 21, 2017, the TCEQ submitted three separate revisions 
to the Texas SIP revising the public notice provisions applicable to 
air quality permit applications. The revisions to 30 TAC Chapters 39 
and 55 submitted under Rule Project No 2015-018-080-LS make non-
substantive revisions to the existing SIP requirements. The revisions 
to repeal the Chapter 116 public notice provisions submitted under Rule 
Project No. 2016-026-116-AI remove obsolete requirements that have been 
replaced with the existing SIP public notice provisions in Chapter 39. 
The revisions to 30 TAC Chapter 39 and 55 submitted under Rule Project 
No. 2016-030-039-LS substantively revise the existing public notice SIP 
requirements for concrete batch plant standard permits such that the 
notice requirements are consolidated into one 30-day notice period that 
satisfies the requirements of minor NSR public participation. The EPA 
has determined it is appropriate to approve these three revisions to 
the Texas SIP because these revisions continue to be consistent with 
federal requirements for public notice and therefore, will not 
interfere with attainment or reasonable further progress.

III. Proposed Action

    We are proposing to approve revisions to the Texas SIP that revise 
the NSR permitting and public notice requirements. We have determined 
that the revisions submitted on December 12, 2016 were developed in 
accordance with the CAA and EPA's regulations, policy and guidance for 
NSR permitting. Therefore, under section 110 of the Act, the EPA 
proposes approval of the following revisions to the Texas SIP:
     Repeal of 30 TAC Section 116.120--Applicability--adopted 
on November 2, 2016, and submitted on December 12, 2016;
     Repeal of 30 TAC Section 116.121--Exemptions--adopted on 
November 2, 2016, and submitted on December 12, 2016;
     Repeal of 30 TAC Section 116.122--Contents of Compliance 
History--adopted on November 2, 2016, and submitted on December 12, 
2016;
     Repeal of 30 TAC Section 116.123--Effective Dates--adopted 
on November 2, 2016, and submitted on December 12, 2016;
     Repeal of 30 TAC Section 116.125--Preservation of Existing 
Rights and Procedures--adopted on November 2, 2016, and submitted on 
December 12, 2016; and
     Repeal of 30 TAC Section 116.126--Voidance of Permit 
Applications--adopted on November 2, 2016, and submitted on December 
12, 2016.
    Additionally, we have determined that the revisions submitted on 
February 21, 2017, were developed in accordance with the CAA and EPA's 
regulations, policy and guidance for public notice for air permitting. 
Under section 110 of the Act, the EPA proposes to approve the following 
revisions into the Texas SIP:
     Revisions to 30 TAC Section 39.405 adopted on December 9, 
2015, and submitted on February 21, 2017;
     Revisions to 30 TAC Section 39.411 adopted on December 7, 
2016, and submitted on February 21, 2017;
     Revisions to 30 TAC Section 39.419 adopted on December 9, 
2015, and submitted on February 21, 2017;
     Revisions to 30 TAC Section 39.603 adopted on December 7, 
2016, and submitted on February 21, 2017;
     Revisions to 30 TAC Section 55.152 adopted on December 7, 
2016, and submitted on February 21, 2017;
     Withdrawal of 30 TAC Section 55.156(e) from the Texas SIP 
as adopted on December 9, 2015, and submitted on February 21, 2017; and 
the
     Repeal of 30 TAC Sections 116.130-116.134, 116.136, and 
116.137 from the Texas SIP as adopted on November 2, 2016 and submitted 
on February 21, 2017.
    We also propose to revise the amendatory language at 40 CFR 
52.2270(c) to identify specific provisions adopted by the State were 
not submitted for inclusion in the Texas SIP. We propose to revise the 
language at 40 CFR 52.2270(c) to clearly indicate that the Texas SIP 
does not include the revisions to 30 TAC Sections 39.405(h(1)(A) and 
39.602(c) as adopted on December 9, 2015, or 30 TAC Section 
39.411(e)(10) as adopted on December 7, 2016.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the revisions to the Texas regulations as described in the 
Final Action section above. The EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
or at the EPA

[[Page 6493]]

Region 6 Office (please contact Adina Wiley for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 CAA; 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: February 7, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-02891 Filed 2-13-18; 8:45 am]
 BILLING CODE 6560-50-P