[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Proposed Rules]
[Pages 12522-12527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05767]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0843; FRL-9975-28-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Infrastructure and Interstate Transport for the 2012 Fine 
Particulate Matter Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve elements 
of a State Implementation Plan (SIP) submission from the State of Texas 
for the 2012 primary fine particulate matter (PM2.5) 
National Ambient Air Quality Standard (NAAQS). This submittal addresses 
how the existing SIP provides for implementation, maintenance, and 
enforcement of the 2012 PM2.5 NAAQS (infrastructure SIP or 
i-SIP). This i-SIP ensures that the Texas SIP is adequate to meet the 
state's responsibilities under the CAA.

DATES: Written comments must be received on or before April 23, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0843, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Sherry Fuerst, (214) 665-
6454, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, (214) 665-6454, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with her or Bill Deese at (214) 665-7253.

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

I. Background

    Below is a short discussion of the background of the 2012 
PM2.5 NAAQS addressed in this notice. For more information, 
please see the Technical Support Document (TSD) and EPA website http://www3.epa.gov/ttn/naaqs/.
    EPA has regulated PM since 1971, when we published the first NAAQS 
for PM (36 FR 8186, April 30, 1971). Most recently, by notice dated 
January 15, 2013, following a periodic review of the NAAQS for 
PM2.5, EPA revised the primary annual PM2.5 NAAQS 
to 12.0 [micro]g/m\3\ and retained the secondary PM2.5 
annual standard of 15 [micro]g/m\3\ as well as the 24-hour 
PM2.5 primary and secondary standards of 35 [micro]g/m\3\ 
(78 FR 3086, December 14, 2012). The primary NAAQS is designed to 
protect human health, and the secondary NAAQS is designed to protect 
the public welfare.
    Each state must submit an 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 September 
13, 2013, the EPA issued guidance addressing the i-SIP elements for 
NAAQS.\1\ On December 1, 2015, the Chairman of the Texas Commission on 
Environmental Quality (TCEQ) submitted an i-SIP revision to address the 
revised NAAQS for 2012 PM2.5.\2\
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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.
    \2\ Additional information, including the history of the 
priority pollutants, their levels forms and determination of 
compliance; EPA approach for reviewing i-SIP submittal and EPA's 
evaluation; the statute and regulatory citations in the Texas SIP 
specific to the review the specific i-SIP applicable CAA and EPA 
regulatory citations, Federal Register Notice citations for the 
Texas SIP approvals; Texas minor New Source Review program and EPA 
approval activities, and Texas' Prevention of Significant 
Deterioration (PSD) program can be found in the TSD.

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[[Page 12523]]

II. EPA's Evaluation of Texas' NAAQS Infrastructure Submission

    Below is a summary of EPA's evaluation of the Texas i-SIP for each 
applicable element of 110(a)(2)(A)-(M) \3\ that we are proposing to 
approve. At this time, we are not proposing action on the visibility 
protection sub-element under CAA section 110(a)(2)(D)(i)(II). Texas 
provided a demonstration of how the existing Texas SIP meets the 
requirements of the 2012 PM2.5 NAAQS, on December 1, 2015.
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    \3\ A detailed discussion of our evaluation can be found in the 
TSD for this action. The TSD can be accessed through 
www.regulations.gov (e-docket EPA-R06-OAR-2013-0465).
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    (A). Emission limits and other control measures: The SIP must 
include enforceable emission limits and other control measures, means 
or techniques, schedules for compliance and other related matters as 
needed to implement, maintain and enforce each of the NAAQS.\4\
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    \4\ 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 2012 
PM2.5. 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, EPA is not evaluating the existing SIP 
provisions for this purpose. Instead, 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 TCEQ with broad legal 
authority. It may 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 SIP. The approved SIP for Texas is documented at 
40 CFR part 52.2270. 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 ambient air quality data, and 
providing the data to 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 levels of 
PM2.5, as well as other pollutants, in accordance with EPA 
regulations specifying siting and monitoring requirements. All 
monitoring data is measured using EPA approved methods and subject to 
the EPA quality assurance requirements. TCEQ submits all required data 
to us, following the EPA regulations. The Texas statewide monitoring 
network was approved into the SIP on May 31, 1972 (37 FR 10842, 10895), 
was revised on March 7, 1978 (43 FR 9275), and it undergoes annual 
review by EPA.\5\ In addition, TCEQ conducts a recurrent assessment of 
its monitoring network every five years, as required by EPA rules. The 
most recent of these 5-year monitoring network assessments was 
conducted by TCEQ and approved by us in July of 2015.\6\ The TCEQ 
website provides the monitor locations and posts past and current 
concentrations of criteria pollutants measured by the State's network 
of monitors.\7\
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    \5\ A copy of the 2017 Annual Air Monitoring Network Plan and 
our approval letter are included in the docket for this proposed 
rulemaking.
    \6\ A copy of TCEQ's 2015 5-year ambient monitoring network 
assessment and our response letter are included in the docket for 
this proposed rulemaking.
    \7\ 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 of control measures: The SIP must 
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 in question).\8\
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    \8\ We discuss these requirements in further detail 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 of the TCAA, and any regulations, permits, or 
final compliance orders. These statutes also provide the TCEQ, its 
Chairman, and its Executive Director with general enforcement powers. 
Among other things, they can file lawsuits to compel compliance with 
the statutes and regulations; commence civil actions; issue field 
citations; conduct investigations of regulated entities; collect 
criminal and civil penalties; develop and enforce rules and standards 
related to protection of air quality; issue 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). The SIP is required to 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.\9\
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    \9\ EPA is not proposing to approve or disapprove the existing 
Texas minor NSR program to the extent that it may be inconsistent 
with EPA's regulations governing this program. 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 EPA to approve the infrastructure 
SIP for element C, program for enforcement of control measures, 
(e.g., 76 FR 41076-41079). 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. 
The Texas PSD portion of the SIP covers all NSR regulated pollutants as 
well as the requirements for the 2012 PM2.5 NAAQS and has 
been approved by EPA (79 FR 66626, November 10, 2014).\10\
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    \10\ We discuss this requirement further in the TSD.
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    (D) Interstate and international transport: Under CAA section 
110(a)(2)(D)(i), there are four sub-elements the SIP must include 
relating to interstate transport. The first two of the four sub-
elements are provided in CAA section 110(a)(2)(D)(i)(I) and require 
that the SIP contain adequate provisions prohibiting emissions to other 
states which will (1) contribute significantly to nonattainment of the 
NAAQS, or (2) interfere with maintenance of the NAAQS. The third and 
fourth sub-elements are outlined in CAA section 110(a)(2)(D)(i)(II) and 
require that the SIP contain adequate provisions prohibiting emissions 
to other states which will (1) interfere with measures required to 
prevent significant deterioration or (2) interfere with measures to 
protect visibility. We are not taking action on the visibility 
protection sub-element at this time.
    Texas's SIP revision submittal evaluated the two sub-elements of 
section 110(a)(2)(D)(i)(I) by considering the following factors:
     An analysis of the most recent annual PM2.5 
design values to determine

[[Page 12524]]

which areas near Texas violate, or are close to violating the 2012 
annual PM2.5 NAAQS;
     An analysis of the PM2.5 annual design value 
trends in Texas to determine if the PM2.5 concentrations in 
Texas are increasing or decreasing; and,
     An investigation of PM2.5 annual design value 
trends in other states to determine whether PM2.5 
concentrations in those areas are increasing or decreasing.
    This evaluation concluded that Texas will not significantly 
contribute to nonattainment or interfere with maintenance of the 
PM2.5 NAAQS in other states.
    On March 17, 2016 EPA issued a memorandum providing information on 
the development and review of SIPs that address CAA section 
110(a)(2)(D)(i) for the 2012 PM2.5 NAAQS (Memorandum).\11\ 
We used the information in the Memorandum and additional information 
for our evaluation and came to the same conclusion as the State. In our 
evaluation, as discussed in greater detail in the TSD, we identified 
the potential downwind nonattainment and maintenance receptors (i.e., 
monitors), and then evaluated them to determine if Texas's emissions 
could potentially contribute to nonattainment and maintenance problems 
in 2021, the attainment year for moderate PM2.5 
nonattainment areas. Specifically, the analysis identified (i) 17 
potential nonattainment and maintenance receptors in California, but 
based on our evaluation of the local emissions, wind speed and 
direction, topographical and meteorological conditions and seasonal 
variations recorded at the monitors, we propose to conclude that 
Texas's emissions do not significantly impact those receptors; (ii) one 
potential receptor in Shoshone County, Idaho, but based on an 
evaluation similar to that of the California monitors, we propose to 
conclude that Texas's emissions do not significantly impact that 
receptor; (iii) one potential receptor in Allegheny County, 
Pennsylvania, but we expect the air quality affecting it to improve to 
the point where there will not be a nonattainment or maintenance 
receptor by 2021 and, in any event, modeling from the Cross-State Air 
Pollution Rule (CSAPR) indicates that Texas emissions are not impacting 
it; (iv) the receptors in four counties in Florida have data gaps, and 
as such, we initially treat those counties as potential nonattainment 
or maintenance receptors, but it is unlikely that they will in fact be 
nonattainment or maintenance receptors in 2021 and in any event, CSAPR 
modeling indicates that Texas emissions do not impact them; and (v) all 
receptors in Illinois have data gaps, and same as in (iv) we initially 
treat them as potential nonattainment or maintenance receptors, but it 
is unlikely that they will in fact nonattainment or maintenance 
receptors in 2021 because the most recent air quality data (from 2015 
and 2016) indicates that all monitors in Illinois are likely attaining 
the PM2.5 NAAQS. Thus, EPA is proposing to approve the SIP 
revisions as meeting CAA section 110(a)(2)(i)(I) sub-elements that 
Texas emissions will not contribute significantly to nonattainment or 
interfere with maintenance of the 2012 PM2.5 NAAQS for any 
other state.
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    \11\ ``Information on the Interstate Transport Good Neighbor 
Provision for the 2012 Fine Particulate Matter National Ambient Air 
Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),'' 
Memorandum from Stephen D. Page, Director, EPA Office of Air Quality 
Planning and Standards (March 17, 2016), https://www.epa.gov/sites/production/files/2016-08/documents/good-neighbor-memo_implementation.pdf.
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    With regard to the PSD sub-element of CAA section 
110(a)(2)(D)(i)(II), Texas stated, as noted in element C above, that it 
has a comprehensive EPA-approved PSD program. As we have approved the 
Texas comprehensive PSD program (79 FR 66626, November 10, 2014), the 
third sub-element, that the SIP contain adequate provisions prohibiting 
emissions to other states which will interfere with measures required 
to prevent significant deterioration is met. Therefore, we are 
proposing to approve the portion of the State's i-SIP submission which 
addresses the PSD sub-element of interstate transport. As noted above, 
at this time we are not proposing action on the visibility protection 
sub-element of interstate transport.
    A more detailed evaluation of how the SIP revision meets the first 
three sub-elements of CAA section 110(a)(2)(D)(i) may be found in the 
TSD.
    CAA section 110(a)(2)(D)(ii) requires that the SIP contain adequate 
provisions insuring compliance with the applicable requirements of 
sections 126 (relating to interstate pollution abatement) and 115 
(relating to international pollution abatement). As stated in its 
submittal, Texas meets the section 126 requirements as (1) it has a 
fully approved PSD SIP (79 FR 66626, November 10, 2014), which includes 
notification to neighboring air agencies of potential impacts from each 
new or modified major source and (2) 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 
section 115 requirements as there are no findings by EPA that Texas air 
emissions affect other countries. Therefore, we propose to approve the 
submitted revision 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) address the requirement that there is 
adequate authority to implement and enforce the SIP and that there are 
no legal impediments.
    The i-SIP submission for the 2012 PM2.5 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, the TCAA requires TCEQ to 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. 
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 Texas statutes and the SIP stipulate 
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 or the TCAA. 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 State has responsibility to 
implement the SIP adequately when it authorizes local or other agencies 
to carry out portions of the plan, the Texas statutes

[[Page 12525]]

and the SIP designate the TCEQ as the primary air pollution control 
agency and TCEQ maintains authority to ensure implementation of any 
applicable plan portion.
    (F) Stationary source monitoring system: The SIP must provide for 
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 such sources. The SIP 
shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such 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-approved state regulations 
pertaining to sampling and testing and requirements for reporting of 
emissions inventories. In addition, SIP-approved 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 emission levels, and determining compliance with SIP-approved 
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-approved 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, the TCAA and 30 TAC 
chapters 35 and 118 authorize 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 the Texas SIP, as necessary, 
to account for revisions of an existing NAAQS, establishment of a new 
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt 
more effective methods of attaining a NAAQS, and to respond to EPA SIP 
calls concerning NAAQS adoption or implementation.
    (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 
areas.
    However, as noted earlier, EPA does not expect infrastructure SIP 
submissions to address subsection (I). The specific SIP submissions for 
designated nonattainment areas, as required under CAA title I, part D, 
are subject to different submission schedules than those for section 
110 infrastructure elements. Instead, EPA will take action on any part 
D attainment plan SIP submission through a separate rulemaking process 
governed by the requirements for nonattainment areas, as described in 
part D.
    (J) Consultation with government officials, public notification, 
PSD and visibility protection: The SIP must meet the following three 
CAA requirements: (1) Section 121, relating to interagency consultation 
regarding certain CAA requirements; (2) section 127, relating to public 
notification of NAAQS exceedances and related issues; and (3) 
prevention of significant deterioration of air quality and (4) 
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 review the action that is being proposed and to submit 
data or arguments, either orally or in writing, and to examine the 
testimony of witnesses from the hearing. In addition, the TCAA provides 
the TCEQ the power and duty to establish cooperative agreements with 
local authorities, and consult with other states, the federal 
government and other interested persons or groups in regard to matters 
of common interest in the field of air quality control. Furthermore, 
the Texas PSD SIP rules mandate that the TCEQ shall provide for public 
participation and notification regarding permitting applications to any 
other state or local air pollution control agencies, local government 
officials of the city or county where the source will be located, 
tribal authorities, and Federal Land Manager (FLMs) whose lands may be 
affected by emissions from the source or modification. Additionally, 
the State's PSD SIP rules require the TCEQ to consult with FLMs 
regarding permit applications for sources with the potential to impact 
Class I Federal Areas. The SIP also includes a commitment to consult 
continually with the FLMs on the review and implementation of the 
visibility program. The State recognizes the expertise of the FLMs in 
monitoring and new source review applicability analyses for visibility, 
and has agreed to notify the FLMs of any advance notification or early 
consultation with a new or modifying source prior to the submission of 
a permit application. Likewise, the State's Transportation Conformity 
SIP rules provide for interagency consultation, resolution of 
conflicts, and public notification.
    (2) Public Notification: The i-SIP submission from Texas provide 
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 website provides quality data for each 
of the monitoring stations in Texas; this data is provided 
instantaneously for certain pollutants, such as ozone. The website also 
provides information on the health

[[Page 12526]]

effects of lead, ozone, particulate matter, and other criteria 
pollutants.
    (3) PSD and Visibility Protection: The PSD requirements for this 
element are the same as those addressed under element (C) above. The 
Texas SIP requirements relating to visibility protection are not 
affected when EPA establishes or revises a NAAQS. Therefore, 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).
    (K) Air quality and modeling/data: The SIP must provide for 
performing air quality modeling, as prescribed by EPA, to predict the 
effects on ambient air quality of any emissions of any NAAQS pollutant, 
and for submission of such data to EPA upon request.
    The TCEQ has the power and duty, under TCAA to develop facts and 
investigate providing for the functions of environmental air quality 
assessment. Past modeling and emissions reductions measures have been 
submitted by the State and approved into the SIP. Additionally, TCEQ 
has the ability to perform modeling for primary and secondary NAAQS on 
a case by case permit basis consistent with their SIP-approved PSD 
rules and with EPA guidance.
    The TCAA authorizes and requires TCEQ to cooperate with the federal 
government and local authorities concerning matters of common interest 
in the field of air quality control, thereby allowing the agency to 
make such submissions 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 EPA.
    See the discussion for 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.
    See discussion for element (J) (1) and (2) above for a description 
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. The transportation conformity component of the Texas 
SIP requires that interagency consultation and opportunity for public 
involvement be provided before making transportation conformity 
determinations and before adopting applicable SIP revisions on 
transportation-related issues.

III. Proposed Action

    EPA is proposing to approve the majority of the December 1, 2015 
infrastructure SIP submission from Texas, which address the 
requirements of CAA sections 110(a)(1) and (2) as applicable to the 
2012 PM2.5 NAAQS. The Table below outlines the specific 
actions EPA is proposing to approve.

   Table 1--Proposed Action on Texas Infrastructure SIP Submittal for
                              Various NAAQS
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                   Element                             2012 PM2.5
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(A): Emission limits and other control         A
 measures.
(B): Ambient air quality monitoring and data   A
 system.
(C)(i): Enforcement of SIP measures..........  A
(C)(ii):PSD program for major sources and      A
 major modifications.
(C)(iii): Permitting program for minor         A
 sources and minor modifications.
(D)(i)(I): Contribute to nonattainment/        A
 interfere with maintenance of NAAQS
 (requirements 1 and 2).
(D)(i)(II): PSD (requirement 3)..............  A
(D)(i)(II): Visibility Protection              NA
 (requirement 4).
(D)(ii): Interstate and International          A
 Pollution Abatement.
(E)(i): Adequate resources...................  A
(E)(ii): State boards........................  A
(E)(iii): Necessary assurances with respect    A
 to local agencies.
(F): Stationary source monitoring system.....  A
(G): Emergency power.........................  A
(H): Future SIP revisions....................  A
(I): Nonattainment area plan or plan           +
 revisions under part D.
(J)(i): Consultation with government           A
 officials.
(J)(ii): Public notification.................  A
(J)(iii): PSD................................  A
(J)(iv): Visibility protection...............  +
(K): Air quality modeling and data...........  A
(L): Permitting fees.........................  A
(M): Consultation and participation by         A
 affected local entities.
------------------------------------------------------------------------
Key to Table 1: Proposed action on TX infrastructure SIP submittals for
  various NAAQS.
A--Approve.
+--Not germane to infrastructure SIPs.
NA EPA is taking no action on this infrastructure requirement.

    Based upon review of the State's infrastructure SIP submission and 
relevant statutory and regulatory authorities and provisions referenced 
in this submission or referenced in Texas' SIP, EPA believes that Texas 
has the

[[Page 12527]]

infrastructure in place to address all applicable required elements of 
sections 110(a)(1) and (2) (except otherwise noted) to ensure that the 
2012 PM2.5, NAAQS are implemented in the state.

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, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 proposed 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

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

    Dated: March 16, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-05767 Filed 3-21-18; 8:45 am]
 BILLING CODE 6560-50-P


