
[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Proposed Rules]
[Pages 60314-60318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25337]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0388; FRL-9935-08-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Infrastructure and Interstate Transport State Implementation Plan for 
the 2010 Sulfur Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Federal Clean Air Act (CAA) the Environmental 
Protection Agency (EPA) is proposing to approve elements of a State 
Implementation Plan (SIP) submission from the State of Texas for the 
Sulfur Dioxide (SO2) National Ambient Air Quality Standards 
(NAAQS). The submittal addresses how the existing SIP provides for 
implementation, maintenance, and enforcement of the 2010 SO2 
NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that the 
State's SIP is adequate to meet the state's responsibilities under the 
CAA.

DATES: Written comments must be received on or before November 5, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R06-OAR-2013-0388, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Nevine Salem at salem.nevine@epa.gov.
     Mail or delivery: Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Deliveries are accepted only 
between the hours of 8 a.m. and 4 p.m. weekdays, and not on legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2013-0338. The EPA's policy is that all comments received will be 
included in the public docket without change, and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit electronically any 
information that you consider to be CBI or other information whose 
disclosure is restricted by statute. The www.regulations.gov Web site 
is an ``anonymous access'' system, which means the 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 the EPA 
without going through 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, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses. 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 
information on submitting 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: Ms. Nevine Salem, 214-665-7222, 
salem.nevine@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with her or Bill Deese at 214-665-7253.

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

I. Background

    On June 22, 2010, the EPA revised the primary SO2 NAAQS 
(hereafter the 2010 SO2 NAAQS) to establish a new 1-hour 
standard, with a level of 75 parts per billion, based on the 3-year 
average of the annual 99th percentile of 1-hour

[[Page 60315]]

daily maximum concentrations (75 FR 35520). Each state must submit the 
i-SIP within three years after the promulgation of a new or revised 
NAAQS. Section 110(a)(2) of the CAA includes a list of specific 
elements the i-SIP must meet.
    On April 23, 2013, the TCEQ submitted an i-SIP for the 2010 
SO2 NAAQS. On September 13, 2013, the EPA issued guidance 
addressing the i-SIP elements for all NAAQS.\1\ This guidance doesn't 
address CAA section 110(a)(2)(D)(i)(I), which concerns interstate 
pollution transport affecting attainment and maintenance of the NAAQS.
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    \1\ Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), 
Memorandum from Stephen D. Page, September 13, 2013.
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    The EPA is proposing approval of the April 23, 2013 submission for 
the applicable requirements of the 2010 SO2 NAAQS. The EPA 
is not proposing any action at this time regarding the interstate 
transport provisions portions of section 110(a)(2)(D)(i)(I) pertaining 
to nonattainment or interference with maintenance of the NAAQS in other 
States and the portion of 110(a)(2)(D)(i)(II) regarding visibility 
protection. We intend to take action as to whether the Texas SIP meets 
the requirements of 110(a)(2)(D)(i)(I) in a later action. In a separate 
action, we proposed to disapprove the portion of the Texas 
SO2 i-SIP for CAA section 110(a)(2)(D)(i)(II) pertaining to 
the visibility protection (79 FR 74818, December 16, 2014). The EPA 
will take final action on the portion of CAA section 
110(a)(2)(D)(i)(II) pertaining to visibility protection of the Texas 
SO2 i-SIP in a future rulemaking. EPA notes that the Agency 
is not approving any specific rule, but rather proposing that Texas' 
already approved SIP meets certain CAA requirements.

II. The EPA's Evaluation of Texas' 2010 SO2 NAAQS i-SIP 
Submittal

    Below is a summary of the EPA's evaluation of the Texas i-SIP for 
each applicable element of CAA section 110(a)(2) A-M.\2\ Texas provided 
a demonstration of how the existing Texas i-SIP met all the 
requirements of the 2010 SO2 NAAQS on May 09, 2013. This SIP 
submission became complete by operation of law on November 09, 2013. 
See CAA section 110(k)(1)(B).
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    \2\ Additional information on: The history of SO2, 
its levels, forms and, determination of compliance; the EPA's 
approach for reviewing i-SIPs; the details of the SIP submittal and 
the EPA's evaluation; the effect of recent court decisions on i-
SIPs; the statute and regulatory citations in the Texas SIP specific 
to this review; the specific i-SIP applicable CAA and the EPA 
regulatory citations; Federal Register Notice citations for Texas' 
SIP approvals; Texas minor New Source Review program and the EPA 
approval activities; and Texas' Prevention of Significant 
Deterioration (PSD) program can be found in the Technical Support 
Document (TSD). The TSD can be accessed through www.regulations.gov 
(e-docket EPA-R06-2013-0388).
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    (A) Emission limits and other control measures: The CAA Sec.  
110(a)(2)(A) requires SIPs to include enforceable emission limitations 
and other control measures, means or techniques (including economic 
incentives such as fees, marketable permits, and auctions of emissions 
rights), as well as schedules and timetables for compliance, as may be 
necessary or appropriate to meet the applicable requirements of this 
Act and other related matters as needed to implement, maintain and 
enforce each of the NAAQS.\3\
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    \3\ The specific nonattainment area plan requirements of section 
110(a)(2)(I) are subject to the timing requirements of section 172, 
not the timing requirement of section 110(a)(1). Thus, section 
110(a)(2)(A) does not require that states submit regulations or 
emissions limits specifically for attaining the 2010 SO2 
NAAQS. Those SIP provisions are due as part of each state's 
attainment plan, and will be addressed separately from the 
requirements of section 110(a)(2)(A). In the context of an 
infrastructure SIP, the EPA is not evaluating the existing SIP 
provisions for this purpose. Instead, the EPA is only evaluating 
whether the state's SIP has basic structural provisions for the 
implementation of the NAAQS.
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    The Texas Clean Air Act (TCAA) provides the Texas Commission on 
Environmental Quality (TCEQ), its Chairman, and its Executive Director 
with broad legal authority. They can adopt emission standards and 
compliance schedules applicable to regulated entities; emission 
standards and limitations and any other measures necessary for 
attainment and maintenance of national standards; and, enforce 
applicable laws, regulations, standards and compliance schedules, and 
seek injunctive relief. This authority has been employed in the past to 
adopt and submit multiple revisions to the Texas State Implementation 
Plan. The approved SIP for Texas that satisfies the infrastructure 
requirements of CAA section 110(a)(2) for the 2010 SO2 NAAQS 
is documented at 40 CFR part 52.2270, Subpart SS. TCEQ's air quality 
rules and standards are codified at Title 30, Part 1 of the Texas 
Administrative Code (TAC). Numerous parts of the regulations codified 
into 30 TAC necessary for implementing and enforcing the NAAQS have 
been adopted into the SIP.
    (B) Ambient air quality monitoring/data system: The SIP must 
provide for establishment and implementation of ambient air quality 
monitors, collection and analysis of monitoring data, and providing 
such data to the EPA upon request.
    The TCAA provides the authority allowing the TCEQ to collect air 
monitoring data, quality-assure the results, and report the data. TCEQ 
maintains and operates a monitoring network to measure ambient levels 
of SO2 and submits an annual Network Assessment to the EPA 
with monitoring requirements. TCEQ's 2014 Air Monitoring Network Plan 
is the most recent EPA-approved plan and was approved by the EPA on 
January 14, 2015.\4\ All monitoring data is measured using the EPA 
approved methods and subject to the EPA quality assurance requirements. 
Federally required monitoring is conducted under an EPA-approved 
Quality Assurance Project Plan (QAPP). The TCEQ Web site provides the 
monitor locations and posts past and current concentrations of criteria 
pollutants measured in the State's network of monitors.\5\ TCEQ submits 
all required data to the EPA, following the EPA regulations. Previously 
the Texas statewide monitoring network was approved into the SIP on 
March 7, 1978 (43 FR 9275).
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    \4\ A copy of TCEQ's ambient monitoring network assessment and 
EPA's approval letter are included in the docket for this proposed 
rulemaking.
    \5\ See http://www.tceq.texas.gov/airquality/monops/sites/mon_sites.html and http://www17.tceq.texas.gov/tamis/index.cfm?fuseaction=home.welcome.
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    (C) Program for enforcement: The CAA Sec.  110(a)(2)(C) requires 
SIPs to include the following three elements: (1) A program providing 
for enforcement of the measures in paragraph A above; (2) a program for 
the regulation of the modification and construction of stationary 
sources as necessary to protect the applicable NAAQS (i.e., state-wide 
permitting of minor sources); and (3) a permit program to meet the 
major source permitting requirements of the CAA (for areas designated 
as attainment or unclassifiable for the NAAQS).\6\
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    \6\ As discussed in further details in the TSD.
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    (1) Enforcement of SIP Measures. As noted in (A), the TCAA provides 
authority for the TCEQ, its Chairman, and its Executive Director to 
enforce the requirements any regulations, permits or final compliance 
orders as well as general enforcement powers. Among other things, they 
can file lawsuits to compel compliance with the statutes and 
regulations; commence civil actions, issue field citation; conduct 
investigations of regulated entities; collect criminal and civil 
penalties; develop and enforce rules and standards related to 
protection of air quality; issue

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compliance orders; pursue criminal prosecutions; investigate, enter 
into remediation agreements; and issue emergency cease and desist 
orders. The TCAA also provides additional enforcement authorities and 
funding mechanisms.
    (2) Minor New Source Review (NSR). Section 110(a)(2)(C) also 
requires that the SIP include measures to regulate construction and 
modification of stationary sources to protect the NAAQS. The Texas 
minor NSR permitting requirements are approved as part of the SIP.\7\
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    \7\ The EPA is not proposing to approve or disapprove the 
existing Texas minor NSR program to the extent that it may be 
inconsistent with the EPA's regulations governing this program. The 
EPA has maintained that the CAA does not require that new 
infrastructure SIP submissions correct any defects in existing EPA-
approved provisions of minor NSR programs in order for the EPA to 
approve the infrastructure SIP for element C (e.g., 76 FR 41076-
41079). The EPA believes that a number of states may have minor NSR 
provisions that are contrary to the existing EPA regulations for 
this program. The statutory requirements of section 110(a)(2)(C) 
provide for considerable flexibility in designing minor NSR 
programs.
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    (3) Prevention of Significant Deterioration (PSD) permit program. 
Texas's PSD portion of the SIP covers all NSR regulated pollutants as 
well as the requirements for the 2010 SO2 NAAQS and has been 
approved by the EPA.\8\ Texas has a SIP-approved PSD and nonattainment 
NSR permitting program that contains requirement for sources of air 
pollutants to obtain an approved permit before beginning construction 
of a facility and before modifying an existing facility (79 FR 66626, 
November 10, 2014).
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    \8\ As discussed further in the TSD.
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    (D) Interstate and international transport: The requirements for 
the interstate transport of SO2 emissions are that the SIP 
contain adequate provisions prohibiting emissions to other states which 
will (1) contribute significantly to nonattainment of the NAAQS, (2) 
interfere with maintenance of the NAAQS, (3) interfere with measures 
required to prevent significant deterioration or (4) interfere with 
measures to protect visibility (CAA 110(a)(2)(D)(i)). In addition, 
States must comply with requirements to prevent transport of 
international air pollution (CAA section 110(a)(2)(D)(ii)).
    The Texas i-SIP submittal discussed the requirements of the CAA 
section 110(a)(D). We plan to evaluate and take action on the portion 
of the i-SIP pertaining to emissions which will contribute 
significantly to nonattainment or interfere with maintenance of the 
NAAQS at a later time. As noted above, we proposed to disapprove the 
portion of the SIP addressing interstate transport and visibility 
protection in an earlier action (80 FR 74818, December 16, 2014).
    Because Texas has a fully approved Prevention of Significant 
Deterioration (PSD) SIP addressing all regulated new source review 
pollutants, we propose to approve the transport portion of the 
submittal. Revisions to the PSD SIP were approved on November 10, 2014 
(79 FR 66626).
    CAA section 110(a)(2)(D)(ii) requires that the SIP contain adequate 
provisions insuring compliance with the applicable requirements of 
section 126 (relating to interstate pollution abatement) and 115 
(relating to international pollution abatement). Texas meets the 
section 126 requirements as it has a fully approved PSD SIP and no 
source or sources have been identified by the EPA as having any 
interstate impacts under section 126 in any pending action related to 
any air pollutant. Texas meets the section 115 requirements as there 
are no final findings by the EPA that Texas air emissions affect other 
countries. Therefore, we propose to approve the portion of the Texas 
SO2 i-SIP pertaining to CAA section 110(a)(2)(D)(ii).
    (E) Adequate authority, resources, implementation, and oversight: 
The SIP must provide for the following: (1) Necessary assurances that 
the state (and other entities within the state responsible for 
implementing the SIP) will have adequate personnel, funding, and 
authority under state or local law to implement the SIP, and that there 
are no legal impediments to such implementation; (2) requirements 
relating to state boards; and (3) necessary assurances that the state 
has responsibility for ensuring adequate implementation of any plan 
provision for which it relies on local governments or other entities to 
carry out that portion of the plan.
    Both elements (A) and (E) herein address the requirement that there 
is adequate authority to implement and enforce the SIP and that there 
are no legal impediments.
    This i-SIP submission for the 2010 SO2 NAAQS describes 
the SIP regulations governing the various functions of personnel within 
the TCEQ, including the administrative, technical support, planning, 
enforcement, and permitting functions of the program.
    With respect to funding, TCAA requires TCEQ establish an emissions 
fee schedule for sources in order to fund the reasonable costs of 
administering various air pollution control programs and authorizes 
TCEQ to collect additional fees necessary to cover reasonable costs 
associated with processing of air permit applications. The EPA conducts 
periodic program reviews to ensure that the state has adequate 
resources and funding to among other things implement and enforce the 
SIP.
    As required by the CAA, the SIP stipulates that any board or body, 
which approves permits or enforcement orders, must have at least a 
majority of members who represent the public interest and do not derive 
any ``significant portion'' of their income from persons subject to 
permits and enforcement orders or who appear before the board on issues 
related to the CAA. The members of the board or body, or the head of an 
agency with similar powers, are required to adequately disclose any 
potential conflicts of interest.
    With respect to assurances that the States has responsibility to 
implement the SIP adequately when it authorizes local or other agencies 
to carry out portions of the plan, the Texas statutes and the SIP 
designate the TCEQ as the primary air pollution control agency, and the 
TCEQ maintains authority to ensure implementation of any applicable 
plan portion.
    (F) Stationary source monitoring system: The SIP must provide the 
establishment of a system to monitor emissions from stationary sources 
and to submit periodic emission reports. It must require the 
installation, maintenance, and replacement of equipment, and the 
implementation of other necessary steps, by owners or operators of 
stationary sources, to monitor emissions from sources. The SIP shall 
also require periodic reports on the nature and amounts of emissions 
and emissions-related data from sources, and require that the state 
correlate the source reports with emission limitations or standards 
established under the CAA. These reports must be made available for 
public inspection at reasonable times.
    The TCAA authorizes the TCEQ to require persons engaged in 
operations which result in air pollution to monitor or test emissions 
and to file reports containing information relating to the nature and 
amount of emissions. There also are SIP regulations pertaining to 
sampling and testing and requirements for reporting of emissions 
inventories. In addition, SIP rules establish general requirements for 
maintaining records and reporting emissions.
    The TCEQ uses this information, in addition to information obtained 
from other sources, to track progress towards maintaining the NAAQS, 
developing control and maintenance strategies, identifying sources and 
general

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emission levels, and determine compliance with SIP regulations and 
additional EPA requirements. The SIP requires this information be made 
available to the public. Provisions concerning the handling of 
confidential data and proprietary business information are included in 
the SIP's regulations. These rules specifically exclude from 
confidential treatment any records concerning the nature and amount of 
emissions reported by sources.
    (G) Emergency authority: The SIP must provide for authority to 
address activities causing imminent and substantial endangerment to 
public health or welfare or the environment and to include contingency 
plans to implement such authorities as necessary.
    The TCAA provides TCEQ with authority to address environmental 
emergencies, and TCEQ has contingency plans to implement emergency 
episode provisions. Upon a finding that any owner/operator is 
unreasonably affecting the public health, safety or welfare, or the 
health of animal or plant life, or property, TCAA authorizes TCEQ to, 
after a reasonable attempt to give notice, declare a state of emergency 
and issue without hearing an emergency special order directing the 
owner/operator to cease such pollution immediately. The TCEQ may issue 
emergency orders, or issue or suspend air permits as required by an air 
pollution emergency.
    (H) Future SIP revisions: States must have the authority to revise 
their SIPs in response to changes in the NAAQS, availability of 
improved methods for attaining the NAAQS, or in response to an EPA 
finding that the SIP is substantially inadequate to attain the NAAQS.
    The TCAA authorizes the TCEQ to revise its SIP, as necessary, to 
account for revisions of an existing NAAQS, establishment of a new 
NAAQS, to attain and maintain the NAAQS, to abate air pollution, to 
adopt more effective methods of attaining the NAAQS, and to respond to 
the EPA SIP calls concerning NAAQS adoption or implementation. TCEQ 
regularly revises the Texas SIP in response to revisions of the NAAQS 
and the EPA rules.
    (I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that 
in the case of a plan or plan revision for areas designated as 
nonattainment areas, states must meet applicable requirements of Part D 
of the CAA, relating to SIP requirements for designated nonattainment 
area. SIP revisions that implement the control strategies necessary to 
bring a nonattainment area into attainment of the NAAQSs are not 
required by CAA to be submitted within three years of the promulgation 
of a new or revised NAAQS. Therefore, Sec.  110(a)(1) does not require 
this element to be demonstrated as part of an infrastructure SIP 
submittal (73 FR 16025, at 16206).
    (J) Consultation with government officials, public notification, 
PSD and visibility protection: The SIP must meet applicable 
requirements of section 121: (1) Relating to interagency consultation 
regarding certain CAA requirements; section 127 (2) relating to public 
notification of NAAQS exceedances and related issues; and, part C 
relating to (3) prevention of significant deterioration of air quality 
and visibility protection.
    (1) Interagency consultation: As required by the TCAA, there must 
be a public hearing before the adoption of any regulations or emission 
control requirements and all interested persons are given a reasonable 
opportunity to submit data, view, or arguments orally or in writing and 
to examine witnesses testifying at the hearing. The TCEQ has 
established public processes for all SIP revisions and permitting 
programs. The TCEQ consults with other agencies, local agencies, and 
governmental organizations, as well as with the environmental agencies 
of other states regarding air quality concerns.
    (2) Public Notification: This i-SIP submission from Texas provides 
the SIP regulatory citations requiring the TCEQ to regularly notify the 
public of instances or areas in which any NAAQS are exceeded. Included 
in the SIP are the rules for TCEQ to advise the public of the health 
hazard associated with such exceedances; and enhance public awareness 
of measures that can prevent such exceedances and of ways in which the 
public can participate in the regulatory and other efforts to improve 
air quality. In addition, as discussed for infrastructure element B 
above, the TCEQ air monitoring Web site provides quality data for each 
of the monitoring stations in Texas; this data is provided 
instantaneously for certain pollutants, such as ozone. The Web site 
also provides information on the health effects of lead, ozone, 
particulate matter, and other criteria pollutants.
    (3) PSD and Visibility Protection: All major sources in Texas are 
subject to Texas' SIP-approved PSD program. The PSD requirements here 
are the same as those addressed under (C). Texas submitted a SIP 
revision to address Regional Haze, including a long-term strategy to 
address visibility impairment for each Class I area that may be 
impacted by emission from Texas facilities. Texas SIP requirements 
relating to visibility and regional haze are not affected when the EPA 
establishes or revises a NAAQS. Therefore, the EPA believes that there 
are no new visibility protection requirements due to the revision of 
the NAAQS, and consequently there are no newly applicable visibility 
protection obligations pursuant to infrastructure element (J) after the 
promulgation of a new or revised NAAQS.
    (K) Air quality and modeling/data: The SIP must provide for 
performing air quality modeling, as prescribed by the EPA, to predict 
the effects on ambient air quality of any emissions of any NAAQS 
pollutant, and for submission of such data to the EPA upon request.
    The TCEQ has the power and duty, under the TCAA to investigate and 
develop facts providing for the functions of environmental air quality 
assessments. Air quality modeling is conducted during development of 
revisions to the Texas SIP, as appropriate for the State to demonstrate 
attainment with required NAAQS. Modeling is also a part of the NSR 
permitting program. Texas has the ability to perform modeling for the 
primary and secondary SO2 standards and other NAAQS criteria 
pollutant on a case-by-case permit basis consistent with their SIP-
approved PSD rules and with the EPA guidance. Upon request, Texas will 
submit current and future air quality modeling data to the EPA.
    (L) Permitting Fees: The SIP must require each major stationary 
source to pay permitting fees to the permitting authority, as a 
condition of any permit required under the CAA, to cover the cost of 
reviewing and acting upon any application for such a permit, and, if 
the permit is issued, the costs of implementing and enforcing the terms 
of the permit. The fee requirement applies until a fee program 
established by the state pursuant to Title V of the CAA, relating to 
operating permits, is approved by the EPA.
    The TCEQ assesses fees for reviewing permit applications and for 
enforcing the terms and conditions of permits. See element (E) above 
for the description of the mandatory collection of permitting fees 
outlined in the SIP.
    (M) Consultation/participation by affected local entities: The SIP 
must provide for consultation and participation by local political 
subdivisions affected by the SIP.
    The TCEQ has several cooperative agreements and Memoranda of 
Understanding with various other state and local agencies and 
organizations. Consultation with a variety of different organizations 
is a regular part of the TCEQ process for developing a SIP. See

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element J herein for a discussion of the SIP's public participation 
process, the authority to advise and consult, and the PSD SIP's public 
participation requirements. Additionally, the TCAA also requires 
initiation of cooperative action between local authorities and the 
TCEQ, between one local authority and another, or among any combination 
of local authorities and the TCEQ for control of air pollution in areas 
having related air pollution problems that overlap the boundaries of 
political subdivisions, and entering into agreements and compacts with 
adjoining states and Indian tribes, where appropriate.

III. Proposed Action

    The EPA is proposing to approve the April 23, 2013, infrastructure 
SIP submission from Texas, which addresses the requirements of CAA 
sections 110(a)(1) and (2) as applicable to the 2010 SO2 
NAAQS. Specifically, the EPA is proposing to approve the following 
infrastructure elements, or portions thereof: 110(a)(2)(A), (B), (C), 
(D)(i)(II) (PSD portion), D(ii), (E), (F), (G), (H), (J), (K), (L), and 
(M). The EPA is not proposing action on: The portion pertaining to 
section 110(a)(2)(D)(i)(I), which concerns interstate pollution 
transport affecting attainment and maintenance of the NAAQS and the 
portion pertaining to section 110(a)(2)(D)(i)(II) pertaining to 
visibility protection.

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 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 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 CAA; and
     Does not provide the 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).
    The EPA is not proposing to approve this infrastructure SIP 
certification to apply on any Indian reservation land or in any other 
area where the EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction. In those areas of Indian country, this proposed approval 
of an infrastructure SIP certification does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), nor will it impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Sulfur dioxide reporting and 
recordkeeping requirements.

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

    Dated: September 22, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-25337 Filed 10-5-15; 8:45 am]
BILLING CODE 6560-50-P


