[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Pages 64966-64969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20391]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2020-0159; FRL-10014-57-Region 6]


Air Plan Approval; Texas; Construction Prior to Permit Amendment 
Issuance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving one revision to the 
Texas (TX) State Implementation Plan (SIP) submitted on August, 2020, 
as adopted on July 15, 2020, that revised the State's New Source Review 
(NSR) permitting rules contained in Title 30 of the Texas 
Administrative Code (TAC) Chapter 116 Control of Air Pollution by Air 
Permits for New Construction or Modification by amending the criteria 
for air pollution control permits for new construction or modification, 
as well as make other non-substantive revisions.

DATES: This rule is effective on November 13, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2020-0159. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Elizabeth Layton, EPA Region 6 Office, 
Air Permits Section, 214-665-2136, layton.elizabeth@epa.gov. Out of an 
abundance of caution for members of the public and our staff, the EPA 
Region 6 office will be closed to the public to reduce the risk of 
transmitting COVID-19. Please call or email the contact listed above if 
you need alternative access to material indexed but not provided in the 
docket.

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

I. Background

    The background for this action is discussed in depth in our April 
23, 2020, proposal (85 FR 22700). We preliminarily determined that the

[[Page 64967]]

proposed revisions to the State's New Source Review permitting rules 
were consistent with the CAA and the EPA's regulations and guidance. 
Under the EPA's ``parallel processing'' procedure, the EPA proposes a 
rulemaking action on a proposed SIP revision concurrently with the 
State's public review process. If the State's proposed SIP revision is 
not significantly changed, the EPA will finalize the rulemaking on the 
SIP revision as proposed after responding to any submitted comments. 
Final rulemaking action by the EPA will occur only after the final SIP 
revision has been fully adopted by the TCEQ and submitted formally to 
the EPA for approval as a revision to the Texas SIP. See 40 CFR part 
51, Appendix V.
    The TCEQ completed their state rulemaking process and adopted 
revisions on July 15, 2020. The TCEQ submitted these adopted changes to 
the EPA as a revision to the Texas SIP on August 21, 2020. The EPA has 
evaluated the State's final SIP revision for any changes made from the 
time of proposal. The EPA's evaluation of the adopted revisions 
including the completeness determination for the final SIP submission 
is included in the ``Addendum to the Technical Support Document'' for 
EPA-R06-OAR-2020-0159, available in the rulemaking docket.
    The EPA is proceeding with our final approval of the August 21, 
2020, revisions to the Texas SIP, consistent with the parallel 
processing provisions in in 40 CFR part 51, Appendix V. The TCEQ 
adopted the revisions as they were proposed, i.e., no changes were 
made. We received four supportive comments regarding our proposal. 
Therefore, we are proceeding with our final approval because the 
submitted final regulations adopted by the state do not alter our 
rationale for proposal presented in our April 23, 2020, proposed 
rulemaking. The comments received on our proposed rulemaking are 
outlined in the section below.

II. Response to Comments

    We received four public comments on the proposal. All four comments 
supported our proposed approval. One commenter supported the approval 
but requested additional flexibility to allow construction to commence 
at an earlier stage in the permitting process. All public comments 
submitted are in the public docket to this rulemaking. Our responses to 
the comments are discussed below.
    Comment: The State of Texas (TCEQ), the Texas Industry Project 
(TIP), and the Texas Oil and Gas Association (TXOGA) submitted comments 
supporting the proposed approval.
    Response: The EPA appreciates the supportive comments from the 
TCEQ, TIP, and TXOGA. No changes will be made to the proposed rule as a 
result of these comments.
    Comment: Kohler Co. supports the TCEQ's proposed rulemaking but 
requested that the language be revised in the final action to allow 
construction to commence when the permit application is deemed 
administratively complete, rather than when a draft permit is issued.
    Response: The EPA appreciates the supportive comment. In reviewing 
SIP submissions, the EPA's role is strictly to approve state choices, 
provided those choices meet the criteria of the CAA; we refer Kohler 
Co. to the State for comments regarding revisions to the rule.

III. Final Action

    The EPA has determined that the August 21, 2020, revisions to the 
Texas SIP are consistent with the CAA and EPA's policy and guidance on 
minor NSR air permitting rules. Therefore, under section 110 of the 
Act, the EPA approves the following revisions to the Texas SIP, 
submitted August 21, 2020, as adopted on July 15, 2020, in the 
following Sections of 30 TAC Chapter 116:

 Revisions to 30 TAC Section 116.110 (except for Sections 
116.110(a)(5), (c) and (d) that are not part of the Texas SIP);
 Revisions to 30 TAC Section 116.116;
 Addition of 30 TAC Section 116.118;
 Revisions to 30 TAC Section 116.710;
 Revisions to 30 TAC Section 116.721.

    Additionally, the EPA approves a ministerial change to 40 CFR 
52.2270(c) to clarify that 30 TAC Section 116.110 Subsections (d) 
change in ownership, (e) submittal under PE seal, and (f) 
responsibility for permit application were approved on November 14, 
2003, and include their appropriate re-lettering to 30 TAC Subsections 
116.110(e), (f), and (g), respectively, from the January 30, 2020, 
proposed approval by parallel processing request.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov a (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, 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

[[Page 64968]]

Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) 
because application of those requirements would be inconsistent with 
the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 14, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 10, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. In Sec.  52.2270 (c), the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by:
0
a. Revising the entries for Sections 116.110, 116.116, 116.710 and 
116.721, and;
0
b. Adding a new entry for Section 116.118.
    The amendments read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                      State approval/
        State citation              Title/subject        submittal      EPA approval date        Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
Section 116.110...............  Applicability.......       7/15/2020  10/14/2020, [Insert   SIP does not include
                                                                       Federal Register      116.110(a)(5),
                                                                       citation].            116.110(c), or
                                                                                             116.110(d).
 
                                                  * * * * * * *
Section 116.116...............  Changes to                 7/15/2020  10/14/2020, [Insert   SIP does not include
                                 Facilities.                           Federal Register      30 TAC Section
                                                                       citation].            116.116(b)(3).
 
                                                  * * * * * * *
Section 116.118...............  Construction While         7/15/2020  10/14/2020, [Insert
                                 Permit Amendment                      Federal Register
                                 Application Pending.                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Subchapter G--Flexible Permits
----------------------------------------------------------------------------------------------------------------
116.710.......................  Applicability.......   July 15, 2020  10/14/2020, [Insert
                                                                       Federal Register
                                                                       citation].
 

[[Page 64969]]

 
                                                  * * * * * * *
116.721.......................  Amendments and         July 15, 2020  10/14/2020, [Insert
                                 Alterations.                          Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-20391 Filed 10-13-20; 8:45 am]
BILLING CODE 6560-50-P


