
[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Rules and Regulations]
[Pages 55221-55225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21868]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0335; FRL-9900-82-Region6]


Approval and Promulgation of Implementation Plans; Texas; 
Procedures for Stringency Determinations and Minor Permit Revisions for 
Federal Operating Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking a direct final action to approve portions of 
three revisions to the Texas State Implementation Plan (SIP) concerning 
the Texas Federal Operating Permits Program. EPA has determined that 
these SIP revisions, submitted on December 17, 1999, October 4, 2001 
and August 11, 2003, comply with the Clean Air Act and EPA regulations 
and are consistent with EPA policies. This action is being taken under 
section 110 of the Act.

DATES: This direct final rule is effective on November 12, 2013 without 
further notice, unless EPA receives relevant adverse comment by October 
10, 2013. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2010-0335, by one of the following methods:
    (1) www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    (2) Email: Ms. Adina Wiley at wiley.adina@epa.gov.
    (3) Fax: Ms. Adina Wiley, Air Permits Section (6PD-R), at fax 
number 214-665-6762.
    (4) Mail or Delivery: Ms. Adina Wiley, Air Permits Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2010-0335. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment along with any disk or CD-

[[Page 55222]]

ROM submitted. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters and any form of encryption and should be free of any 
defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the Air 
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made 
available by appointment for public inspection in the Region 6 FOIA 
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays 
except for legal holidays. Contact the person listed in the FOR FURTHER 
INFORMATION CONTACT paragraph below to make an appointment. If 
possible, please make the appointment at least two working days in 
advance of your visit. A 15 cent per page fee will be charged for 
making photocopies of documents. On the day of the visit, please check 
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross 
Avenue, Suite 700, Dallas, Texas.
    The State submittals related to this SIP revision, and which is 
part of the EPA docket, is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality, 
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning 
today's direct final action, please contact Ms. Adina Wiley (6PD-R), 
Air Permits Section, Environmental Protection Agency, Region 6, 1445 
Ross Avenue (6PD-R), Suite 1200, Dallas, Texas 75202-2733, telephone 
(214) 665-2115; fax number (214) 665-6762; email address 
wiley.adina@epa.gov.

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

Table of Contents

I. What action is EPA taking?
II. What did Texas submit?
    A. Stringency Determinations for Federal Operating Permits at 30 
TAC 101.28
    B. Minor Permit Revisions Procedures for Federal Operating 
Permits at 30 TAC 122.215-122.218
III. EPA's Evaluation
IV. Final Action
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is taking a direct final action to approve portions of three 
revisions to the Texas State Implementation Plan (SIP) concerning the 
Texas Federal Operating Permits Program. EPA has determined that these 
SIP revisions, submitted on December 17, 1999, October 4, 2001 and 
August 11, 2003, comply with the Clean Air Act and EPA regulations and 
are consistent with EPA policies. This action is being taken under 
section 110 of the Act.
    We are publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no relevant adverse 
comments. As explained in our accompanying technical support documents 
(TSD), we are finding this action noncontroversial because the 
provisions for the Stringency Determination for Federal Operating 
Permits at 30 TAC 101.28 have been in effect in Texas since December 
23, 1999, and the minor permit revision procedures for the Texas 
Federal Operating Permit Program have been in effect in Texas since 
June 3, 2001 and December 11, 2002, without any negative impact to 
attainment or maintenance of any National Ambient Air Quality Standard 
in Texas. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on November 12, 2013 
without further notice unless we receive relevant adverse comment by 
October 10, 2013. If we receive relevant adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

II. What did Texas submit?

A. Stringency Determinations for Federal Operating Permits at 30 TAC 
101.28

December 17, 1999 SIP Submittal
    In a letter dated December 17, 1999, Governor George W. Bush 
submitted revisions to the Texas SIP at Rule Log No. 99017-101-AI that 
were adopted by the Texas Natural Resources Conservation Commission 
(TNRCC) on December 1, 1999, and became effective on December 23, 
1999.\1\ This SIP submittal included revisions to the following parts 
of the Texas Administrative Code, Title 30, Chapter 101:
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    \1\ Note that the Texas Natural Resource Conservation Commission 
(TNRCC) was a predecessor to the current Texas environmental agency, 
the Texas Commission on Environmental Quality. This analysis will 
identify the TNRCC when talking about a specific action taken by the 
TNRCC such as rule adoption and SIP submittal, but will generally 
refer to the TCEQ when discussing current duties of the state 
environmental agency.
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    1. Revisions to the General Air Quality Definitions at 30 TAC 
101.1;
    2. Revisions to Emissions Inventory Requirements at 30 TAC 101.10;
    3. New provisions for Stringency Determinations for Federal 
Operating Permits at 30 TAC 101.28; and
    4. Revisions to Conformity of General Federal and State Actions to 
State Implementation Plans at 30 TAC 101.30.
    Today's direct final action and accompanying proposal only 
addresses the submittal of 30 TAC 101.28. The revisions to the General 
Air Quality Definitions at 30 TAC 101.1 were superceded by EPA's 
November 14, 2001 approval of the Definitions adopted on September 26, 
2001. See 66 FR 57252. EPA approved the revisions to the Emissions 
Inventory Requirements at 30 TAC 101.10 and the revisions to Conformity 
of General Federal and State Actions to State Implementation Plans at 
30 TAC 101.30 on July 23, 2010. See 75 FR 43062. This review will be 
the first time EPA has evaluated and taken action on the December 17, 
1999, submittal of 30 TAC 101.28. TCEQ has made no revisions to 30 TAC 
101.28 since the initial adoption and submittal of the regulatory 
language as a SIP revision.

B. Minor Permit Revisions Procedures for Federal Operating Permits 
Program at 30 TAC 122.215-122.218

    The permitting provisions for minor permit revisions in the Texas 
Federal Operating Permits Program are found at

[[Page 55223]]

30 TAC 122.215-122.218. These provisions generally identify what 
permitting actions constitute a minor permit revision and detail the 
application procedures for said minor permit revisions under the Texas 
Federal Operating Permits Program. The TCEQ initially adopted the 
revisions at 30 TAC 122.215-122.218 in response to our June 7, 1995, 
Federal Register notice (60 FR 30037), where EPA identified several 
inconsistencies between Texas's Chapter 122 Federal Operating Permits 
Program and Part 70, including the provisions for minor permit 
revisions. TCEQ amended 30 TAC 122.215-122.218 to ensure Chapter 122 is 
consistent with 40 CFR 70.7(e)(2)(i). These amendments were adopted by 
the state on May 9, 2001, and submitted to EPA for inclusion in the 
Texas Title V Operating Permit program on May 30, 2001. EPA published 
approval of these revisions into the Federal Operating Permit program 
on December 6, 2001 (66 FR 63318), based on our determination that TCEQ 
had corrected the deficiencies identified in Chapter 122, including 
those pertaining to the minor permit revisions. TCEQ subsequently 
adopted amendments to 30 TAC 122.217 regarding minor permit procedures 
on November 20, 2002. These amendments removed an obsolete reference to 
the monitoring process for general operating permits and renumbered the 
section for consistency. These amendments to 30 TAC 122.217 were 
submitted to EPA as revisions to the Texas Title V Operating Permit 
Program on December 9, 2002. EPA published approval of these revisions 
into the Federal Operating Permit program on March 30, 2005 (70 FR 
16134).
    While EPA has reviewed and approved the amendments to sections 30 
TAC 122.215-122.218 into the Texas Operating Permit Program, this 
review marks the first time that EPA has taken action on these sections 
as revisions to the Texas SIP. In doing so, we are acting on the 
original SIP submission of October 4, 2001, and the subsequent 
revisions through the August 11, 2003 SIP submittal.
October 4, 2001 SIP Revision Submittal
    In a letter dated October 4, 2001, Governor Rick Perry submitted 
revisions to the Texas SIP at Rule Log No. 2000-043-122-AI that were 
adopted by the TNRCC on May 9, 2001, and became effective on June 3, 
2001. The following parts of the Texas Administrative Code, Title 30, 
Chapter 122 were submitted in this SIP submittal. Note that no other 
revisions were adopted or submitted to the Texas SIP in this rule 
package.
    1. Minor permit revisions at 30 TAC 122.215,
    2. Applications for Minor Permit Revisions at 30 TAC 122.216,
    3. Procedures for Minor Permit Revisions at 30 TAC 122.217, and
    4. Minor Permit Revision Procedures for Permit Revisions Involving 
the Use of Economic Incentives, Marketable Permits and Emissions 
Trading at 30 TAC 122.218.
August 11, 2003 SIP Revision Submittal
    In a letter dated August 11, 2003, Mr. Robert J. Huston, Chairman 
of the TNRCC, submitted revisions to the Texas SIP at Rule Log No. 
2002-056-122-AI for 30 TAC 122.217--Procedures for Minor Permit 
Revision. The revision to 30 TAC 122.217 was adopted by the TNRCC on 
November 20, 2002, and became effective on December 11, 2002. Note that 
no other revisions were adopted or submitted to the Texas SIP in this 
rule package.

III. EPA's Evaluation

    We provide our evaluation for this rulemaking in this section. 
Additional information to support our evaluation is available in the 
TSDs for this rulemaking, which are available in the rulemaking docket.
December 17, 1999 Submittal of 30 TAC 101.28
    The TCEQ adopted these provisions as a result of the guidance 
provided by EPA in our March 5, 1996 ``White Paper Number 2 for 
Improved Implementation of the Part 70 Operating Permits Program'' 
(WP2). In WP2, EPA explains that EPA and the state permitting 
authorities have developed different and often overlapping applicable 
requirements for stationary source control. This results in some 
emissions units at stationary sources being subjected to multiple 
requirements--some of which may be duplicative or contradictory. To 
reduce the permit burden on the sources, the state permitting 
authorities, and the EPA Regional Offices, EPA provided guidance in WP2 
on how best to streamline these multiple requirements into one 
requirement that is at least as stringent as the most stringent limit. 
Generally, the streamlined monitoring, recordkeeping, and reporting 
requirements would generally be those associated with the most 
stringent emission limit, providing that the streamlined requirements 
would assure compliance to the same extent as the subsumed 
requirements.
    EPA finds that the new provisions adopted at 30 TAC 101.28 are 
substantively similar to the guidance provided to states in WP2. As 
such, the stringency determination provisions are approvable.
October 4, 2001 and August 11, 2003 Submittal of 30 TAC 122.215-122.218
    Because of the different CAA requirements and authorizations 
surrounding each program, EPA generally prefers to not approve a 
state's Title V permitting provisions into the applicable SIP. However, 
there are instances where approving a portion of the Title V program 
into the SIP is appropriate and necessary to ensure proper 
functionality for both the Title I and V permitting programs. For 
instance, EPA approved the ``potential to emit'' provisions at 30 TAC 
122.122 into the Texas SIP on November 14, 2003 (see 68 FR 64543). In 
this instance, EPA required TCEQ to revise the ``potential to emit'' 
provisions through our January 7, 2002, Notice of Deficiency of the 
Texas Title V program; we further required that the corrected PTE 
provisions be submitted as revisions to both the Texas SIP and Title V 
programs.
    The TCEQ adopted revisions to the Texas Title V minor permit 
provisions at 30 TAC 122.215-122.218 to satisfy inconsistencies 
identified by EPA June 7, 1995, in the Texas part 70 program. After 
correcting the deficiencies and adopting revised rules at 30 TAC 
122.215-122.218, the TCEQ has submitted and requested Title V and SIP 
approval. EPA has already evaluated and approved the revisions into the 
state's part 70 program. We now address whether these provisions should 
be SIP-approved.
    The TCEQ has requested SIP approval because of 30 TAC 122.218; 
which provides that minor permit procedures may be used for emission 
trading programs and other similar approaches only to the extent that 
such minor permit revision procedures are explicitly provided for in 
the Texas SIP or in the applicable requirements promulgated by the EPA.
    Texas has several emissions trading programs approved into the 
Texas SIP, but none of these programs explicitly provide for the use of 
Title V minor permit revision procedures. Our analysis and approval of 
each of these state trading programs, found that through approval of 
the trading programs into the Texas SIP, these programs themselves 
would become applicable requirements under the approved Texas part 70 
program. Since the programs themselves do not provide for the use of 
minor permit revisions under title V, the minor permit revision 
procedures in the part 70 program must

[[Page 55224]]

be explicitly included in the SIP to ensure the Texas sources 
participating in the SIP-approved trading programs can use the minor 
permit revision mechanisms.

IV. Final Action

    EPA is taking direct final action to approve revisions to the Texas 
SIP submitted on December 17, 1999, October 4, 2001 and August 11, 2003 
as consistent with the CAA and EPA's policy and guidance. Specifically, 
EPA is approving new 30 TAC 101.28 as adopted on December 1, 1999 and 
submitted on December 17, 1999. EPA is approving revisions to 30 TAC 
Sections 122.215, 122.216, 122.217 and 122.218 as adopted on May 9, 
2001 and submitted on October 4, 2001. EPA is also approving revisions 
to 30 TAC 122.217 as adopted on November 20, 2002 and submitted on 
August 11, 2003.

V. 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 November 12, 2013. 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, Reporting and recordkeeping 
requirements.

    Dated: August 28, 2013.
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. Section 52.2270(c) is amended by adding to the table titled ``EPA 
Approved Regulations in the Texas SIP'':
0
a. A new entry in numerical order for Section 101.28 under the existing 
headings for Chapter 101--General Air Quality Rules and Subchapter A--
General Rules.
0
b. A new centered heading at the end of the table for Subchapter C--
Initial Permit Issuances, Revisions, Reopening, and Renewals under 
Chapter 122 Federal Operating Permits Program, followed by a new 
centered heading for Division 2--Permit Revisions and new sub entries 
for Sections 122.215, 122.216, 122.217 and 122.218.
    The additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 55225]]



                                    EPA Approved Regulations in the Texas SIP
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                                                           State approval/
          State citation                Title/subject      submittal date    EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                             Chapter 101--General Air Quality Rules
                                   Subchapter A--General Rules
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                                                  * * * * * * *
Section 101.28...................  Stringency                   12/1/1999  9-10-13 [Insert FR
                                    Determination for                       page number where
                                    Federal Operating                       document begins].
                                    Permits.
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                                                  * * * * * * *
                         Chapter 122--Federal Operating Permits Program
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
           Subchapter C--Initial Permit Issuances, Revisions, Reopening, and Renewals
                                  Division 2--Permit Revisions
----------------------------------------------------------------------------------------------------------------
Section 122.215..................  Minor Permit Revisions        5/9/2001  9-10-13 [Insert FR
                                                                            page number where
                                                                            document begins].
Section 122.216..................  Applications for Minor        5/9/2001  9-10-13 [Insert FR
                                    Permit Revisions.                       page number where
                                                                            document begins].
Section 122.217..................  Procedures for Minor        11/20/2002  9-10-13 [Insert FR
                                    Permit Revisions.                       page number where
                                                                            document begins].
Section 122.218..................  Minor Permit Revision         5/9/2001  9-10-13 [Insert FR
                                    Procedures for Permit                   page number where
                                    Revisions Involving                     document begins].
                                    the Use of Economic
                                    Incentives,
                                    Marketable Permits,
                                    and Emissions Trading.
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[FR Doc. 2013-21868 Filed 9-9-13; 8:45 am]
BILLING CODE 6560-50-P


