[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Rules and Regulations]
[Pages 21178-21181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09755]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0124; FRL-9976-95-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: Final rule.

-----------------------------------------------------------------------

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

DATES: This rule is effective on June 8, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2017-0124. All documents in the docket are 
listed on the http://www.regulations.gov website. 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 EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our 
February 14, 2018, proposal (83 FR 6491). In that document we proposed 
to approve four revisions to the Texas SIP that revise the New Source 
Review (NSR) permitting and public notice requirements. We received one 
supportive comment from the Texas Commission on Environmental Quality. 
We also received six anonymous comments.\1\ These comments were not 
significant as they did not raise relevant points which, if adopted, 
would require a change in the agency's proposed rule. The EPA is 
finalizing as proposed; no changes have been made as a result of the 
comments received.
---------------------------------------------------------------------------

    \1\ The comments are available in the docket for this 
rulemaking.
---------------------------------------------------------------------------

II. Final Action

    We are approving 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

[[Page 21179]]

with the CAA and EPA's regulations, policy and guidance for NSR 
permitting. Therefore, under section 110 of the Act, the EPA approves 
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 approves 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 approve revisions to the amendatory language at 40 CFR 
52.2270(c) to identify specific provisions adopted by the State not 
submitted for inclusion in the Texas SIP. We are revising 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.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of 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 and at the 
EPA Region 6 Office (please contact Adina Wiley for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking of EPA's approval, and will 
be incorporated by reference in the next update to the SIP compilation.

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 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 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 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).
    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 9, 2018. 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

[[Page 21180]]

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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.


    Dated: April 27, 2018.
Wren Stenger,
Acting 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:
0
a. Revising the entries for Sections 39.405, 39.411, 39.419, 39.602, 
39.603, 55.152, and 55.156;
0
b. Adding an entry for Section 116.127 in numerical order under the 
heading ``Division 1--Permit Application'';
0
c. Removing the heading ``Division 2--Compliance History'' and the 
entries that follow for Sections 116.120, 116.121, 116.122, 116.123, 
116.125, 116.126, and 116.127; and
0
d. Removing the heading ``Division 3--Public Notice'' and the entries 
that follow for Sections 116.130, 116.131, 116.132, 116.133, 116.134, 
116.136, and 116.137.
    The revision and addition read as follows:


Sec.  52.2270   Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                                          approval/
          State citation               Title/subject      submittal     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Chapter 39--Public Notice
----------------------------------------------------------------------------------------------------------------
                               Subchapter H--Applicability and General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 39.405...................  General Notice          12/9/2015  5/9/2018, [Insert     SIP includes
                                    Provisions.                        Federal Register      39.405(f)(3) and
                                                                       citation].            (g), (h)(2)-(h)(4),
                                                                                             (h)(6), (h)(8)-
                                                                                             (h)(11), (i) and
                                                                                             (j) as adopted on
                                                                                             12/9/2015.
                                                                                            SIP includes
                                                                                             39.405(h)(1)9A) as
                                                                                             adopted on 6/2/
                                                                                             2010.
 
                                                  * * * * * * *
Section 39.411...................  Text of Public          12/7/2016  5/9/2018, [Insert     SIP includes
                                    Notice.                            Federal Register      39.411(a),
                                                                       citation].            39.411(e)(1)-(4)(A)
                                                                                             (i) and (iii),
                                                                                             (4)(B), (e)(5)
                                                                                             introductory
                                                                                             paragraph,
                                                                                             (e)(5)(A),
                                                                                             (e)(5)(B), (e)(6)-
                                                                                             (9), (e)(11)(A)(i),
                                                                                             (e)(11)(A)(iii),
                                                                                             (e)(11)(A)(iv),
                                                                                             (e)(11)(B)-(F),
                                                                                             (e)(13), (e)(15),
                                                                                             (e)(16), (f)(1)-
                                                                                             (8), (g), and (h)
                                                                                             as adopted 12/7/
                                                                                             2016.
                                                                                            SIP includes
                                                                                             39.411(e)(10) as
                                                                                             adopted on 3/26/
                                                                                             2014.
 
                                                  * * * * * * *
Section 39.419...................  Notice of               12/9/2015  5/9/2018, [Insert     SIP includes
                                    Application and                    Federal Register      39.419(e) (e)(1)
                                    Preliminary                        citation].            and (e)(2).
                                    Determination.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Subchapter K--Public Notice of Air Quality Applications
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 39.602...................  Mailed Notice.......     6/2/2010  1/6/2014, 79 FR 551.  SIP does not include
                                                                                             39.602(c) adopted
                                                                                             on 12/9/2015.
Section 39.603...................  Newspaper Notice....    12/7/2016  5/9/2018, [Insert     ....................
                                                                       Federal Register
                                                                       citation].
 

[[Page 21181]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Chapter 55--Requests for Reconsideration and Contested Case Hearings; Public Comment
----------------------------------------------------------------------------------------------------------------
                                Subchapter E--Public Comment and Public Meetings
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 55.152...................  Public Comment          12/7/2016  5/9/2018, [Insert     SIP includes
                                    Period.                            Federal Register      55.152(a)(1),
                                                                       citation].            (a)(2), (a)(3),
                                                                                             (a)(6), (a)(7), and
                                                                                             (b).
 
                                                  * * * * * * *
Section 55.156...................  Public Comment          12/9/2015  5/9/2018, [Insert     SIP includes
                                    Processing.                        Federal Register      55.156(a), (b),
                                                                       citation].            (c)(1), and (g).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 116.127..................  Actual to Projected      2/9/2011  10/25/2012, 77 FR     ....................
                                    Actual and Emission                65119.
                                    Exclusion Test for
                                    Emissions.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-09755 Filed 5-8-18; 8:45 am]
 BILLING CODE 6560-50-P