[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Rules and Regulations]
[Pages 33172-33174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14839]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0555; FRL-9995-52-Region 6]


Air Plan Approval; Texas; Revisions to Public Notice for Air 
Quality Permit Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving one revision to the 
Texas State Implementation Plan (SIP) submitted on July 9, 2018 to 
revise the public notice provisions for certain air quality permit 
applications. The EPA is also finalizing ministerial changes to the 
Code of Federal Regulations (CFR) to reflect recent EPA SIP approvals 
to the Texas SIP for public notice provisions for air quality permit 
applications.

DATES: This rule is effective on August 12, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2018-0555. All documents in the docket are 
listed on the https://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 https://www.regulations.gov or 
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500, 
Dallas, Texas 752270.

FOR FURTHER INFORMATION CONTACT: Elizabeth Layton, EPA Region 6 Office, 
Air Permits Section, 1201 Elm Street, Suite 500, Dallas, TX 75270, 214-
665-2136, [email protected]. To inspect the hard copy materials, 
please schedule an appointment with Ms. Elizabeth Layton or Mr. Bill 
Deese at 214-665-7253.

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 May 6, 
2019 proposal (84 FR 19750). In that document we proposed to approve 
one revision to the Texas SIP revising the public notice provisions 
applicable to New Source Review (NSR) air quality air permit 
applications and ministerial changes to the CFR to reflect recent EPA 
SIP approvals for Texas public notice provisions for air quality permit 
applications. We did not receive any adverse comments regarding our 
proposal. We received one supportive comment from the Texas Commission 
on Environmental Quality supporting our proposal and concurring with 
EPA's determination that the revisions are consistent with the CAA and 
any other applicable Federal regulations. No changes were made as a 
result of this comment.

II. Final Action

    We are approving one revision to the Texas SIP that revises NSR air 
permitting and public notice requirements. We have determined that the 
revisions adopted on May 9, 2018, and submitted on July 9, 2018, 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 approves the following revisions to the Texas SIP submitted on 
July 9, 2018:
     Revisions to 30 TAC Section 39.411--Text of Public Notice;
     Revisions to 30 TAC Section 39.603--Newspaper Notice; and
     Revisions to 30 TAC Section 55.152--Public Comment Period.
    The EPA is also approving ministerial changes to 40 CFR 52.2270(c) 
to reflect

[[Page 33173]]

that 30 TAC Section 39.411(e)(11)(A)(v) adopted by the State December 
7, 2016, was SIP-approved on May 9, 2018 (83 FR 21180). This section 
was subsequently renumbered in the July 9, 2018, submitted revisions to 
30 TAC Section 39.411 and will therefore be SIP-approved as of the May 
9, 2018 State adoption date.

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 the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble 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 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 September 10, 2019. 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, Incorporation by 
reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 8, 2019.
David Gray,
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 revising the entries for Sections 39.411, 
39.603, and 55.152 to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 33174]]



                                    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 39--Public Notice
                               Subchapter H--Applicability and General Provisions
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                                                  * * * * * * *
Section 39.411..................  Text of Public          5/9/2018  7/12/2019, [Insert   SIP includes 39.411(a),
                                   Notice.                          Federal Register      39.411(e)(1)-(4)(A)(i)
                                                                     citation].           and (iii), (4)(B),
                                                                                          (e)(5) introductory
                                                                                          paragraph, (e)(5)(A),
                                                                                          (e)(5)(B), (e)(6)-(9),
                                                                                          (e)(10),
                                                                                          (e)(11)(A)(i),
                                                                                          (e)(11)(A)(iii)-(vi),
                                                                                          (e)(11)(B)-(F),
                                                                                          (e)(13), (e)(15),
                                                                                          (e)(16), (f)
                                                                                          introductory
                                                                                          paragraph, (f)(1)-(8),
                                                                                          (g), and (h).
 
                                                  * * * * * * *
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                             Subchapter K--Public Notice of Air Quality Applications
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                                                  * * * * * * *
Section 39.603..................  Newspaper Notice...     5/9/2018  7/12/2019, [Insert   .......................
                                                                    Federal Register
                                                                     citation].
 
                                                  * * * * * * *
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              Chapter 55--Requests for Reconsideration and Contested Case Hearings; Public Comment
Subchapter E--Public Comment and
         Public Meetings
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                                                  * * * * * * *
Section 55.152..................  Public Comment          5/9/2018  7/12/2019, [Insert   SIP includes
                                   Period.                          Federal Register      55.152(a)(1), (a)(2),
                                                                     citation].           (a)(3), (a)(4),
                                                                                          (a)(7), (a)(8) and
                                                                                          (b).
 
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[FR Doc. 2019-14839 Filed 7-11-19; 8:45 am]
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