80_FR_42865 80 FR 42727 - Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review State Implementation Plan; Flexible Permit Program

80 FR 42727 - Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review State Implementation Plan; Flexible Permit Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 138 (July 20, 2015)

Page Range42727-42730
FR Document2015-17472

The EPA is fully approving revisions to the Texas New Source Review (NSR) State Implementation Plan (SIP) to establish the Texas Minor NSR Flexible Permits Program (FPP), submitted by the Texas Commission on Environmental Quality (TCEQ). The approval was predicated on the TCEQ meeting its commitment outlined in its letter dated December 9, 2013, to adopt certain minor clarifications to the Flexible Permit Program (FPP) by November 30, 2014. The TCEQ submitted the revised program rules to meet its commitment on July 31, 2014. The EPA is finalizing this action under section 110 of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 138 (Monday, July 20, 2015)
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42727-42730]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17472]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0542; FRL-9930-44-Region-6]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to the New Source Review State Implementation Plan; Flexible 
Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is fully approving revisions to the Texas New Source 
Review (NSR) State Implementation Plan (SIP) to establish the Texas 
Minor NSR Flexible Permits Program (FPP), submitted by the Texas 
Commission on Environmental Quality (TCEQ). The approval was predicated 
on the TCEQ meeting its commitment outlined in its letter dated 
December 9, 2013, to adopt certain minor clarifications to the Flexible 
Permit Program (FPP) by November 30, 2014. The TCEQ submitted the 
revised program rules to meet its commitment on July 31, 2014. The EPA 
is finalizing this action under section 110 of the Clean Air Act (CAA).

DATES: This final rule will be effective August 19, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID

[[Page 42728]]

No. EPA-R06-OAR-2013-0542. 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., Confidential Business 
Information or other information the disclosure of which is restricted 
by the 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 1200, Dallas, 
Texas 75202-2733. 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. Stephanie Kordzi, telephone 214-
665-7520; email address [email protected].

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

Table of Contents

I. Background
II. Response to Comments
III. When is this action effective?
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    On July 14, 2014, the EPA took final rulemaking action 
conditionally approving revisions to the Texas NSR SIP to establish the 
Texas Minor NSR Flexible Permits Program, submitted by the TCEQ. The 
EPA's proposed conditional approval was published in 79 FR 8368, 
February 12, 2014. The conditional approval was predicated on a 
commitment from TCEQ in a letter dated December 9, 2013, to adopt 
certain minor clarifications to the FPP by November 30, 2014. (79 FR 
40666, July 14, 2014).
    On September 12, 2014, Environmental Integrity Project, et al., 
filed a Petition for Review challenging the EPA conditional approval of 
the FPP with the Fifth Circuit Court of Appeals. The U.S. Department of 
Justice submitted the response to the Petition, Case No. 14-60649, for 
the EPA on March 2, 2015. The Appeal is on-going as of the date of 
publication of this notice.
    On July 31, 2014, the TCEQ submitted revisions to the Texas NSR 
SIP. The rulemaking properly structured the rules within and according 
to the rulemaking requirements of the Texas Administrative Procedure 
Act and the Texas Administrative Code. The EPA proposed full approval 
of the FPP (79 FR 7875, December 31, 2014) based on its determination 
that the SIP revisions complied with section 110(k) of the Federal 
Clean Air Act (the Act or CAA) and was consistent with the EPA's 
regulations and policies. These revisions supported this action to 
convert the approved conditional FPP to a fully approved FPP. The EPA 
reopened the public notice period for an additional 30 days (80 FR 
21199, April 17, 2015), due to items being inadvertently omitted from 
the docket during the public notice period beginning December 31, 2014.

II. Response to Comments

    The EPA proposed an initial comment period of 30 days. We received 
comments from 3 organizations during the initial comment period as 
follows: The TCEQ, Baker Botts, and the Environmental Integrity Project 
(EIP) on behalf of the Environmental Justice Advocacy Services, 
Community in Power & Development Association, Citizens for 
Environmental Justice, Air Alliance Houston, Texas Campaign for the 
Environment, and the Texas Impact. All comments previously submitted 
under the first public notice for this action are being responded to as 
appropriate and the commenters were informed that they did not need to 
resubmit them during the reopened public notice period. The EPA did not 
receive any additional comments during the reopened public notice 
period. All comment letters can be found in their entirety in the 
docket for this rulemaking.
    Comment 1: Baker Botts stated they supported EPA's proposed 
approval of the Texas FPP. They believe it complies with the federal 
Clean Air Act. Further they believe that flexible permits are an 
essential part of the Texas air quality permitting program and the 
program has contributed to marked and sustained improvements in Texas 
air quality. They submitted information from TCEQ's Web site which 
documents reductions in ozone and other pollutants in Texas.
    Response 1: The EPA appreciates the support for our final approval. 
No changes were made to the final rule as a result of this comment.
    Comment 2: The TCEQ concurs with the EPA's proposed determination 
that the TCEQ fulfilled its December 9, 2013, commitment to submit the 
FPP SIP revision. The TCEQ also concurs with EPA's proposed finding 
that the TCEQ has satisfied all the elements of the EPA's final 
conditional approval (79 FR 40666, July 14, 2014). The TCEQ submitted 
on July 31, 2014, the following rules: 30 TAC Sections 116.13, 116.710, 
116.711(1), (2)(A)(B) and (C)(i) and (ii), (D)-(J), and (L)-(N); 
116.715(a)-(e) and (f)(1) and (2)(B); 116.716; 116.717; 116.718; 
116.721; and 116.765.
    Response 2: The EPA appreciates the support for our final approval 
of the rule. No changes were made to the final rule as a result of this 
comment.
    Comment 3: The EIP stated the following: ``this full approval 
action is non-substantive, it is not the agency action we seek to, or 
intend to, challenge.'' EIP did resubmit their April 4, 2014, comments 
on the proposed conditional approval (Attachment A), and their January 
27, 2015, Fifth Circuit Court of Appeals brief (Attachment B).
    Response 3: The EIP did not submit comments on the substance of 
this action, which addressed the rules being properly structured within 
and according to the rulemaking requirements of the Texas 
Administrative Procedure Act and the Texas Administrative Code. The EPA 
addressed the April 4, 2014, comments that the EIP resubmitted in its 
response to comments contained in the final conditional approval. (79 
FR 40666, July 14, 2014). Further, the Brief of Respondent U.S. 
Environmental Protection Agency, Case No. 14-60649, filed on March 2, 
2015, replies to the issues raised by EIP in its January 27, 2015, 
Fifth Circuit Court of Appeals brief. EPA is incorporating by reference 
the EPA's Reply Brief in this response to the EIP's resubmitted 
comments. It can be found in the Docket to this action.

III. When is this action effective?

    The EPA has determined that today's final approval of the Texas FPP 
is subject to the requirement to delay a rule's effective date until 30 
days after publication in 5 U.S.C. 553(d) of the APA; therefore, the 
rule, will become effective 30 days after publication.

IV. Final Action

    After careful consideration of submitted revisions to meet the 
requirements of the conditional approval and of the comments received 
and the responses to each comment provided above, and under section 110 
of the Act, the EPA is finalizing our proposal to convert the 
conditional approval of the FPP to a full, final action. Further, we 
have found it complies with section 110(l) of the Act.

[[Page 42729]]

We are making the following revisions to the Texas SIP:
     Revisions to 30 TAC Section 116.13--Flexible Permit 
Definitions.
     Revisions to 30 TAC Section 116.710--Applicability.
     Revisions to 30 TAC Section 116.711(1), (2)(A), (B) and 
(C)(i) and (ii), (D)-(J), and (L)-(N)--Flexible Permit Application.
     Revisions to 30 TAC Section 116.715(a)-(e) and (f)(1) and 
(2)(B)--General and Special Conditions.
     Revisions to 30 TAC Section 116.716--Emission Caps and 
Individual Emission Limitations.
     Revisions to 30 TAC Section 116.717--Implementation 
Schedule for Additional Controls.
     Revisions to 30 TAC Section 116.718--Significant Emission 
Increase.
     Revisions to 30 TAC Section 116.720--Limitation of 
Physical and Operational Changes.
     Revisions to 30 TAC Section 116.721--Amendments and 
Alterations.
     Revisions to 30 TAC Section 116.740(a)--Public Notice.
     Revisions to 30 TAC Section 116.750--Flexible Permit Fee. 
Revisions to 30 TAC Section 116.765--Compliance Schedule.
    The EPA has determined that the revised rule satisfies the December 
9, 2013, Commitment Letter which was submitted in a timely manner.

V. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. See, 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);
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 18, 2015. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 30, 2015.
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. In Sec.  52.2270(c), the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by revising the entries for sections 116.13, 
116.710, 116,711, 116.715, 116.716, 116.717, 116.718, 116.720, 116.721, 
116.740, 116.750, and 116.765 to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 42730]]



                                    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 A--Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 116.13..............  Flexible Permit             7/31/2014  7/20/2015 [Insert      ....................
                               Definitions.                           Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Subchapter G--Flexible Permits
----------------------------------------------------------------------------------------------------------------
Section 116.710.............  Applicability........       7/31/2014  7/20/2015 [Insert      ....................
                                                                      Federal Register
                                                                      citation].
Section 116.711.............  Flexible Permit             7/31/2014  7/20/2015 [Insert      SIP includes 30 TAC
                               Application.                           Federal Register       116.711(1), (2)(A),
                                                                      citation].             (B) and (C)(i) and
                                                                                             (ii), (D)-(J), and
                                                                                             (L)-(N)
 
                                                  * * * * * * *
Section 116.715.............  General and Special         7/31/2014  7/20/2015 [Insert      SIP includes 30 TAC
                               Conditions.                            Federal Register       116.715(a)-(e) and
                                                                      citation].             (f)(1) and (2)(B)
Section 116.716.............  Emission Caps and           7/31/2014  7/20/2015 [Insert      ....................
                               Individual Emission                    Federal Register
                               Limitations.                           citation].
Section 116.717.............  Implementation              7/31/2014  7/20/2015 [Insert      ....................
                               Schedule for                           Federal Register
                               Additional Controls.                   citation].
Section 116.718.............  Significant Emission        7/31/2014  7/20/2015 [Insert      ....................
                               Increase.                              Federal Register
                                                                      citation].
Section 116.720.............  Limitation on               7/31/2014  7/20/2015 [Insert      ....................
                               Physical and                           Federal Register
                               Operational Changes.                   citation].
Section 116.721.............  Amendments and              7/31/2014  7/20/2015 [Insert      ....................
                               Alterations.                           Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section 116.740.............  Public Notice and           7/31/2014  7/20/2015 [Insert      SIP includes 30 TAC
                               Comment.                               Federal Register       Section 116.740(a).
                                                                      citation].
Section 116.750.............  Flexible Permit Fee..       7/31/2014  7/20/2015 [Insert      ....................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section 116.765.............  Compliance Schedule..       7/31/2014  7/20/2015 [Insert      SIP includes 30 TAC
                                                                      Federal Register       Section 116.765(b)
                                                                      citation].             and (c).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-17472 Filed 7-17-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                    Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations                                                 42727

                                                documents generally available                            or in any other area where EPA or an                   § 52.720    Identification of plan.
                                                electronically through                                   Indian tribe has demonstrated that a                   *       *    *     *     *
                                                www.regulations.gov and/or in hard                       tribe has jurisdiction. In those areas of                 (c) * * *
                                                copy at the appropriate EPA office (see                  Indian country, the rule does not have                    (205) On May 16, 2013, and August
                                                the ADDRESSES section of this preamble                   tribal implications and will not impose                18, 2014, Illinois submitted variances to
                                                for more information).                                   substantial direct costs on tribal                     its regional haze state implementation
                                                                                                         governments or preempt tribal law as                   plan affecting the following Midwest
                                                IV. Statutory and Executive Order                        specified by Executive Order 13175 (65                 Generation, LLC facilities: Crawford
                                                Reviews                                                  FR 67249, November 9, 2000).                           Generating Station (Cook County), Joliet
                                                   Under the Clean Air Act (CAA), the                       The Congressional Review Act, 5                     Generating Station (Will County),
                                                Administrator is required to approve a                   U.S.C. 801 et seq., as added by the Small              Powerton Generating Station (Tazewell
                                                SIP submission that complies with the                    Business Regulatory Enforcement                        County), Waukegan Generating Station
                                                provisions of the CAA and applicable                     Fairness Act of 1996, generally provides               (Lake County), and Will County
                                                Federal regulations. 42 U.S.C. 7410(k);                  that before a rule may take effect, the                Generating Station (Will County).
                                                40 CFR 52.02(a). Thus, in reviewing SIP                  agency promulgating the rule must                         (i) Incorporation by Reference. (A)
                                                submissions, EPA’s role is to approve                    submit a rule report, which includes a                 Illinois Pollution Control Board Order
                                                state choices, provided that they meet                   copy of the rule, to each House of the                 PCB 12–121, adopted on August 23,
                                                the criteria of the CAA. Accordingly,                    Congress and to the Comptroller General                2012; Certificate of Acceptance, dated
                                                this action merely approves state law as                 of the United States. EPA will submit a                August 24, 2012, filed with the Illinois
                                                meeting Federal requirements and does                    report containing this action and other                Pollution Control Board Clerk’s Office
                                                not impose additional requirements                       required information to the U.S. Senate,               August 27, 2012.
                                                beyond those imposed by state law. For                   the U.S. House of Representatives, and                    (B) Illinois Pollution Control Board
                                                that reason, this action:                                the Comptroller General of the United                  Order PCB 13–24, adopted on April 4,
                                                   • Is not a ‘‘significant regulatory                   States prior to publication of the rule in             2013; Certificate of Acceptance, dated
                                                action’’ subject to review by the Office                 the Federal Register. A major rule                     May 16, 2013, filed with the Illinois
                                                of Management and Budget under                           cannot take effect until 60 days after it              Pollution Control Board Clerk’s Office
                                                Executive Orders 12866 (58 FR 51735,                     is published in the Federal Register.                  May 17, 2013.
                                                October 4, 1993) and 13563 (76 FR 3821,                  This action is not a ‘‘major rule’’ as                 [FR Doc. 2015–17662 Filed 7–17–15; 8:45 am]
                                                January 21, 2011);                                       defined by 5 U.S.C. 804(2).                            BILLING CODE 6560–50–P
                                                   • Does not impose an information                         Under section 307(b)(1) of the CAA,
                                                collection burden under the provisions                   petitions for judicial review of this
                                                of the Paperwork Reduction Act (44                       action must be filed in the United States              ENVIRONMENTAL PROTECTION
                                                U.S.C. 3501 et seq.);                                    Court of Appeals for the appropriate                   AGENCY
                                                   • Is certified as not having a                        circuit by September 18, 2015. Filing a
                                                significant economic impact on a                         petition for reconsideration by the                    40 CFR Part 52
                                                substantial number of small entities                     Administrator of this final rule does not
                                                                                                                                                                [EPA–R06–OAR–2013–0542; FRL–9930–44–
                                                under the Regulatory Flexibility Act (5                  affect the finality of this action for the             Region–6]
                                                U.S.C. 601 et seq.);                                     purposes of judicial review nor does it
                                                   • Does not contain any unfunded                       extend the time within which a petition                Approval and Promulgation of
                                                mandate or significantly or uniquely                     for judicial review may be filed, and                  Implementation Plans; Texas;
                                                affect small governments, as described                   shall not postpone the effectiveness of                Revisions to the New Source Review
                                                in the Unfunded Mandates Reform Act                      such rule or action. This action may not               State Implementation Plan; Flexible
                                                of 1995 (Pub. L. 104–4);                                 be challenged later in proceedings to                  Permit Program
                                                   • Does not have Federalism                            enforce its requirements. (See section
                                                implications as specified in Executive                   307(b)(2).)                                            AGENCY:  Environmental Protection
                                                Order 13132 (64 FR 43255, August 10,                                                                            Agency (EPA).
                                                                                                         List of Subjects in 40 CFR Part 52                     ACTION: Final rule.
                                                1999);
                                                   • Is not an economically significant                    Environmental protection, Air
                                                                                                         pollution control, Incorporation by                    SUMMARY:   The EPA is fully approving
                                                regulatory action based on health or
                                                                                                         reference, Intergovernmental relations,                revisions to the Texas New Source
                                                safety risks subject to Executive Order
                                                                                                         Particulate matter, Reporting and                      Review (NSR) State Implementation
                                                13045 (62 FR 19885, April 23, 1997);
                                                   • Is not a significant regulatory action              recordkeeping requirements, Sulfur                     Plan (SIP) to establish the Texas Minor
                                                subject to Executive Order 13211 (66 FR                  oxides.                                                NSR Flexible Permits Program (FPP),
                                                28355, May 22, 2001);                                                                                           submitted by the Texas Commission on
                                                                                                           Dated: June 19, 2015.
                                                   • Is not subject to requirements of                                                                          Environmental Quality (TCEQ). The
                                                                                                         Susan Hedman,
                                                Section 12(d) of the National                                                                                   approval was predicated on the TCEQ
                                                                                                         Regional Administrator, Region 5.                      meeting its commitment outlined in its
                                                Technology Transfer and Advancement
                                                Act of 1995 (15 U.S.C. 272 note) because                      40 CFR part 52 is amended as follows:             letter dated December 9, 2013, to adopt
                                                application of those requirements would                                                                         certain minor clarifications to the
                                                                                                         PART 52—APPROVAL AND                                   Flexible Permit Program (FPP) by
                                                be inconsistent with the CAA; and                        PROMULGATION OF
                                                   • Does not provide EPA with the                                                                              November 30, 2014. The TCEQ
                                                                                                         IMPLEMENTATION PLANS                                   submitted the revised program rules to
                                                discretionary authority to address, as
mstockstill on DSK4VPTVN1PROD with RULES




                                                appropriate, disproportionate human                                                                             meet its commitment on July 31, 2014.
                                                                                                         ■ 1. The authority citation for part 52
                                                health or environmental effects, using                   continues to read as follows:                          The EPA is finalizing this action under
                                                practicable and legally permissible                                                                             section 110 of the Clean Air Act (CAA).
                                                                                                              Authority: 42 U.S.C. 7401 et seq.                 DATES: This final rule will be effective
                                                methods, under Executive Order 12898
                                                (59 FR 7629, February 16, 1994).                         ■ 2. Section 52.720 is amended by                      August 19, 2015.
                                                   In addition, the SIP is not approved                  adding paragraph (c)(205) to read as                   ADDRESSES: The EPA has established a
                                                to apply on any Indian reservation land                  follows:                                               docket for this action under Docket ID


                                           VerDate Sep<11>2014   16:02 Jul 17, 2015   Jkt 235001   PO 00000    Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\20JYR1.SGM   20JYR1


                                                42728               Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations

                                                No. EPA–R06–OAR–2013–0542. All                           rulemaking properly structured the                    has satisfied all the elements of the
                                                documents in the docket are listed in                    rules within and according to the                     EPA’s final conditional approval (79 FR
                                                the http://www.regulations.gov index.                    rulemaking requirements of the Texas                  40666, July 14, 2014). The TCEQ
                                                Although listed in the index, some                       Administrative Procedure Act and the                  submitted on July 31, 2014, the
                                                information is not publicly available.                   Texas Administrative Code. The EPA                    following rules: 30 TAC Sections
                                                E.g., Confidential Business Information                  proposed full approval of the FPP (79                 116.13, 116.710, 116.711(1), (2)(A)(B)
                                                or other information the disclosure of                   FR 7875, December 31, 2014) based on                  and (C)(i) and (ii), (D)–(J), and (L)–(N);
                                                which is restricted by the statute.                      its determination that the SIP revisions              116.715(a)–(e) and (f)(1) and (2)(B);
                                                Certain other material such as                           complied with section 110(k) of the                   116.716; 116.717; 116.718; 116.721; and
                                                copyrighted material, will be publicly                   Federal Clean Air Act (the Act or CAA)                116.765.
                                                available only in hard copy. Publicly                    and was consistent with the EPA’s                        Response 2: The EPA appreciates the
                                                available docket materials are available                 regulations and policies. These                       support for our final approval of the
                                                either electronically in http://                         revisions supported this action to                    rule. No changes were made to the final
                                                www.regulations.gov or in hard copy at                   convert the approved conditional FPP to               rule as a result of this comment.
                                                the Air Permits Section (6PD–R),                         a fully approved FPP. The EPA                            Comment 3: The EIP stated the
                                                Environmental Protection Agency, 1445                    reopened the public notice period for an              following: ‘‘this full approval action is
                                                Ross Avenue, Suite 1200, Dallas, Texas                   additional 30 days (80 FR 21199, April                non-substantive, it is not the agency
                                                75202–2733. While all documents in the                   17, 2015), due to items being                         action we seek to, or intend to,
                                                docket are listed in the index, some                     inadvertently omitted from the docket                 challenge.’’ EIP did resubmit their April
                                                information may be publicly available                    during the public notice period                       4, 2014, comments on the proposed
                                                only at the hard copy location (e.g.,                    beginning December 31, 2014.                          conditional approval (Attachment A),
                                                copyrighted material), and some may                      II. Response to Comments                              and their January 27, 2015, Fifth Circuit
                                                not be publicly available at either                                                                            Court of Appeals brief (Attachment B).
                                                location (e.g., CBI).                                       The EPA proposed an initial comment
                                                                                                         period of 30 days. We received                           Response 3: The EIP did not submit
                                                FOR FURTHER INFORMATION CONTACT: Ms.                                                                           comments on the substance of this
                                                Stephanie Kordzi, telephone 214–665–                     comments from 3 organizations during
                                                                                                         the initial comment period as follows:                action, which addressed the rules being
                                                7520; email address kordzi.stephanie@                                                                          properly structured within and
                                                epa.gov.                                                 The TCEQ, Baker Botts, and the
                                                                                                         Environmental Integrity Project (EIP) on              according to the rulemaking
                                                SUPPLEMENTARY INFORMATION:                               behalf of the Environmental Justice                   requirements of the Texas
                                                Throughout this document whenever                        Advocacy Services, Community in                       Administrative Procedure Act and the
                                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean              Power & Development Association,                      Texas Administrative Code. The EPA
                                                the EPA.                                                 Citizens for Environmental Justice, Air               addressed the April 4, 2014, comments
                                                                                                         Alliance Houston, Texas Campaign for                  that the EIP resubmitted in its response
                                                Table of Contents
                                                                                                         the Environment, and the Texas Impact.                to comments contained in the final
                                                I. Background                                            All comments previously submitted                     conditional approval. (79 FR 40666, July
                                                II. Response to Comments                                                                                       14, 2014). Further, the Brief of
                                                                                                         under the first public notice for this
                                                III. When is this action effective?                                                                            Respondent U.S. Environmental
                                                IV. Final Action                                         action are being responded to as
                                                V. Incorporation by Reference                            appropriate and the commenters were                   Protection Agency, Case No. 14–60649,
                                                VI. Statutory and Executive Order Reviews                informed that they did not need to                    filed on March 2, 2015, replies to the
                                                                                                         resubmit them during the reopened                     issues raised by EIP in its January 27,
                                                I. Background                                            public notice period. The EPA did not                 2015, Fifth Circuit Court of Appeals
                                                   On July 14, 2014, the EPA took final                  receive any additional comments during                brief. EPA is incorporating by reference
                                                rulemaking action conditionally                          the reopened public notice period. All                the EPA’s Reply Brief in this response
                                                approving revisions to the Texas NSR                     comment letters can be found in their                 to the EIP’s resubmitted comments. It
                                                SIP to establish the Texas Minor NSR                     entirety in the docket for this                       can be found in the Docket to this
                                                Flexible Permits Program, submitted by                   rulemaking.                                           action.
                                                the TCEQ. The EPA’s proposed                                Comment 1: Baker Botts stated they                 III. When is this action effective?
                                                conditional approval was published in                    supported EPA’s proposed approval of
                                                79 FR 8368, February 12, 2014. The                       the Texas FPP. They believe it complies                  The EPA has determined that today’s
                                                conditional approval was predicated on                   with the federal Clean Air Act. Further               final approval of the Texas FPP is
                                                a commitment from TCEQ in a letter                       they believe that flexible permits are an             subject to the requirement to delay a
                                                dated December 9, 2013, to adopt                         essential part of the Texas air quality               rule’s effective date until 30 days after
                                                certain minor clarifications to the FPP                  permitting program and the program has                publication in 5 U.S.C. 553(d) of the
                                                by November 30, 2014. (79 FR 40666,                      contributed to marked and sustained                   APA; therefore, the rule, will become
                                                July 14, 2014).                                          improvements in Texas air quality. They               effective 30 days after publication.
                                                   On September 12, 2014,                                submitted information from TCEQ’s                     IV. Final Action
                                                Environmental Integrity Project, et al.,                 Web site which documents reductions
                                                filed a Petition for Review challenging                  in ozone and other pollutants in Texas.                 After careful consideration of
                                                the EPA conditional approval of the FPP                     Response 1: The EPA appreciates the                submitted revisions to meet the
                                                with the Fifth Circuit Court of Appeals.                 support for our final approval. No                    requirements of the conditional
                                                The U.S. Department of Justice                           changes were made to the final rule as                approval and of the comments received
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                                                submitted the response to the Petition,                  a result of this comment.                             and the responses to each comment
                                                Case No. 14–60649, for the EPA on                           Comment 2: The TCEQ concurs with                   provided above, and under section 110
                                                March 2, 2015. The Appeal is on-going                    the EPA’s proposed determination that                 of the Act, the EPA is finalizing our
                                                as of the date of publication of this                    the TCEQ fulfilled its December 9, 2013,              proposal to convert the conditional
                                                notice.                                                  commitment to submit the FPP SIP                      approval of the FPP to a full, final
                                                   On July 31, 2014, the TCEQ submitted                  revision. The TCEQ also concurs with                  action. Further, we have found it
                                                revisions to the Texas NSR SIP. The                      EPA’s proposed finding that the TCEQ                  complies with section 110(l) of the Act.


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                                                                    Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations                                                42729

                                                We are making the following revisions                    those imposed by state law. For that                  Congress and to the Comptroller General
                                                to the Texas SIP:                                        reason, this action:                                  of the United States. EPA will submit a
                                                  • Revisions to 30 TAC Section                             • Is not a ‘‘significant regulatory                report containing this action and other
                                                116.13—Flexible Permit Definitions.                      action’’ subject to review by the Office              required information to the U.S. Senate,
                                                  • Revisions to 30 TAC Section                          of Management and Budget under                        the U.S. House of Representatives, and
                                                116.710—Applicability.                                   Executive Orders 12866 (58 FR 51735,                  the Comptroller General of the United
                                                  • Revisions to 30 TAC Section                          October 4, 1993) and 13563 (76 FR 3821,               States prior to publication of the rule in
                                                116.711(1), (2)(A), (B) and (C)(i) and (ii),             January 21, 2011);                                    the Federal Register. A major rule
                                                (D)–(J), and (L)–(N)—Flexible Permit                        • Does not impose an information                   cannot take effect until 60 days after it
                                                Application.                                             collection burden under the provisions                is published in the Federal Register.
                                                  • Revisions to 30 TAC Section                          of the Paperwork Reduction Act (44                    This action is not a ‘‘major rule’’ as
                                                116.715(a)–(e) and (f)(1) and (2)(B)—                    U.S.C. 3501 et seq.);                                 defined by 5 U.S.C. 804(2).
                                                General and Special Conditions.                             • Is certified as not having a                        Under section 307(b)(1) of the Clean
                                                  • Revisions to 30 TAC Section                          significant economic impact on a                      Air Act, petitions for judicial review of
                                                116.716—Emission Caps and Individual                     substantial number of small entities                  this action must be filed in the United
                                                Emission Limitations.                                    under the Regulatory Flexibility Act (5               States Court of Appeals for the
                                                  • Revisions to 30 TAC Section                          U.S.C. 601 et seq.);                                  appropriate circuit by September 18,
                                                116.717—Implementation Schedule for                         • Does not contain any unfunded                    2015. Filing a petition for
                                                Additional Controls.                                     mandate or significantly or uniquely                  reconsideration by the Administrator of
                                                  • Revisions to 30 TAC Section                          affect small governments, as described                this final rule does not affect the finality
                                                116.718—Significant Emission Increase.                   in the Unfunded Mandates Reform Act                   of this action for the purposed of
                                                  • Revisions to 30 TAC Section                          of 1995 (Pub. L. 104–4);                              judicial review nor does it extend the
                                                116.720—Limitation of Physical and                          • Does not have Federalism                         time within which a petition for judicial
                                                Operational Changes.                                     implications as specified in Executive                review may be filed, and shall not
                                                  • Revisions to 30 TAC Section                          Order 13132 (64 FR 43255, August 10,                  postpone the effectiveness of such rule
                                                116.721—Amendments and Alterations.                      1999);                                                or action. This action may not be
                                                  • Revisions to 30 TAC Section                             • Is not an economically significant               challenged later in proceedings to
                                                116.740(a)—Public Notice.                                regulatory action based on health or                  enforce its requirements. (See section
                                                  • Revisions to 30 TAC Section                          safety risks subject to Executive Order               307(b)(2).)
                                                116.750—Flexible Permit Fee. Revisions                   13045 (62 FR 19885, April 23, 1997);
                                                to 30 TAC Section 116.765—                                  • Is not a significant regulatory action           List of Subjects in 40 CFR Part 52
                                                Compliance Schedule.                                     subject to Executive Order 13211 (66 FR                 Environmental protection, Air
                                                  The EPA has determined that the                        28355, May 22, 2001);                                 pollution control, Carbon monoxide,
                                                revised rule satisfies the December 9,                      • Is not subject to requirements of                Incorporation by reference,
                                                2013, Commitment Letter which was                        section 12(d) of the National                         Intergovernmental relations, Lead,
                                                submitted in a timely manner.                            Technology Transfer and Advancement                   Nitrogen dioxide, Ozone, Particulate
                                                                                                         Act of 1995 (15 U.S.C. 272 note) because              matter, Reporting and recordkeeping
                                                V. Incorporation by Reference                            application of those requirements would               requirements, Sulfur oxides, Volatile
                                                  In this rule, we are finalizing                        be inconsistent with the Clean Air Act;               organic compounds.
                                                regulatory text that includes                            and
                                                incorporation by reference. In                              • Does not provide EPA with the                      Dated: June 30, 2015.
                                                accordance with the requirements of 1                    discretionary authority to address, as                Ron Curry,
                                                CFR 51.5, we are finalizing the                          appropriate, disproportionate human                   Regional Administrator, Region 6.
                                                incorporation by reference of the                        health or environmental effects, using                    40 CFR part 52 is amended as follows:
                                                revisions to the Texas regulations as                    practicable and legally permissible
                                                described in the Final Action section                    methods, under Executive Order 12898                  PART 52—APPROVAL AND
                                                above. We have made, and will continue                   (59 FR 7629, February 16, 1994).                      PROMULGATION OF
                                                to make, these documents generally                          In addition, the SIP is not approved               IMPLEMENTATION PLANS
                                                available electronically through                         to apply on any Indian reservation land
                                                www.regulations.gov and/or in hard                       or in any other area where EPA or an                  ■ 1. The authority citation for part 52
                                                copy at the EPA Region 6 office.                         Indian tribe has demonstrated that a                  continues to read as follows:
                                                                                                         tribe has jurisdiction. In those areas of                 Authority: 42 U.S.C. 7401 et seq.
                                                VI. Statutory and Executive Order                        Indian country, the rule does not have
                                                Reviews                                                  tribal implications and will not impose               Subpart SS—Texas
                                                  Under the CAA, the Administrator is                    substantial direct costs on tribal
                                                required to approve a SIP submission                     governments or preempt tribal law as                  ■  2. In § 52.2270(c), the table titled
                                                that complies with the provisions of the                 specified by Executive Order 13175 (65                ‘‘EPA Approved Regulations in the
                                                CAA and applicable Federal regulations.                  FR 67249, November 9, 2000).                          Texas SIP’’ is amended by revising the
                                                See, 42 U.S.C. 7410(k); 40 CFR 52.02(a).                    The Congressional Review Act, 5                    entries for sections 116.13, 116.710,
                                                Thus, in reviewing SIP submissions, the                  U.S.C. 801 et seq., as added by the Small             116,711, 116.715, 116.716, 116.717,
                                                EPA’s role is to approve state choices,                  Business Regulatory Enforcement                       116.718, 116.720, 116.721, 116.740,
                                                provided that they meet the criteria of                  Fairness Act of 1996, generally provides
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                                                                                                                                                               116.750, and 116.765 to read as follows:
                                                the CAA. Accordingly, this action                        that before a rule may take effect, the
                                                merely approves state law as meeting                     agency promulgating the rule must                     § 52.2270    Identification of plan.
                                                Federal requirements and does not                        submit a rule report, which includes a                *       *    *      *     *
                                                impose additional requirements beyond                    copy of the rule, to each House of the                    (c) * * *




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                                                42730                 Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations

                                                                                                         EPA APPROVED REGULATIONS IN THE TEXAS SIP
                                                                                                                                    State
                                                       State                                Title/Subject                         approval/                     EPA Approval date                        Explanation
                                                      citation                                                                  Submittal date


                                                           *                            *                            *                          *                         *                     *                      *

                                                                            Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification

                                                                                                                                Subchapter A—Definitions


                                                         *                          *                      *                                  *                   *                             *                      *
                                                Section 116.13 .....       Flexible Permit Definitions ...........                   7/31/2014 7/20/2015 [Insert Federal Reg-
                                                                                                                                                 ister citation].

                                                           *                            *                            *                          *                         *                     *                      *

                                                                                                                              Subchapter G—Flexible Permits

                                                Section 116.710 ...        Applicability ..................................          7/31/2014       7/20/2015 [Insert Federal Reg-
                                                                                                                                                       ister citation].
                                                Section 116.711 ...        Flexible Permit Application ..........                    7/31/2014       7/20/2015 [Insert Federal Reg-           SIP includes 30 TAC 116.711(1),
                                                                                                                                                       ister citation].                         (2)(A), (B) and (C)(i) and (ii),
                                                                                                                                                                                                (D)–(J), and (L)–(N)

                                                         *                         *                   *                                      *                   *                              *                     *
                                                Section 116.715 ...        General and Special Conditions ..                         7/31/2014 7/20/2015 [Insert Federal               Reg-   SIP includes 30 TAC 116.715(a)–
                                                                                                                                                 ister citation].                               (e) and (f)(1) and (2)(B)
                                                Section 116.716 ...        Emission Caps and Individual                              7/31/2014 7/20/2015 [Insert Federal               Reg-
                                                                             Emission Limitations.                                               ister citation].
                                                Section 116.717 ...        Implementation Schedule for Ad-                           7/31/2014 7/20/2015 [Insert Federal               Reg-
                                                                             ditional Controls.                                                  ister citation].
                                                Section 116.718 ...        Significant Emission Increase ......                      7/31/2014 7/20/2015 [Insert Federal               Reg-
                                                                                                                                                 ister citation].
                                                Section 116.720 ...        Limitation on Physical and Oper-                          7/31/2014 7/20/2015 [Insert Federal               Reg-
                                                                             ational Changes.                                                    ister citation].
                                                Section 116.721 ...        Amendments and Alterations .......                        7/31/2014 7/20/2015 [Insert Federal               Reg-
                                                                                                                                                 ister citation].

                                                         *                         *                  *                                       *                   *                             *               *
                                                Section 116.740 ...        Public Notice and Comment ........                        7/31/2014 7/20/2015 [Insert Federal Reg-                 SIP includes 30 TAC Section
                                                                                                                                                 ister citation].                               116.740(a).
                                                Section 116.750 ...        Flexible Permit Fee ......................                7/31/2014 7/20/2015 [Insert Federal Reg-
                                                                                                                                                 ister citation].

                                                         *                         *                      *                                   *                   *                             *                   *
                                                Section 116.765 ...        Compliance Schedule ..................                    7/31/2014 7/20/2015 [Insert Federal Reg-                 SIP includes 30 TAC Section
                                                                                                                                                 ister citation].                               116.765(b) and (c).

                                                           *                            *                            *                          *                         *                     *                      *



                                                *      *       *       *        *                                 ACTION:       Direct final rule.                             adverse comment August 19, 2015. If
                                                [FR Doc. 2015–17472 Filed 7–17–15; 8:45 am]                                                                                    the EPA receives such comment, the
                                                BILLING CODE 6560–50–P                                            SUMMARY:   The EPA is taking a direct                        EPA will publish a timely withdrawal in
                                                                                                                  final action to approve revisions to the                     the Federal Register informing the
                                                                                                                  Texas State Implementation Plan (SIP)                        public that this rule will not take effect.
                                                ENVIRONMENTAL PROTECTION                                          related to Low Reid Vapor Pressure                           ADDRESSES: Submit your comments,
                                                AGENCY                                                            (RVP) Fuel Regulations that were                             identified by Docket ID No. EPA–R06–
                                                                                                                  submitted by the State of Texas on                           OAR–2015–0027, by one of the
                                                40 CFR Part 52                                                    January 5, 2015. The EPA evaluated the                       following methods:
                                                                                                                  SIP submittal from Texas and                                   (1) www.regulations.gov: Follow the
                                                [EPA–R06–OAR–2015–0027; FRL–9930–79–                              determined these revisions are
                                                Region–6]
                                                                                                                                                                               on-line instructions.
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                                                                                                                  consistent with the requirements of the                        (2) Email: Ms. Tracie Donaldson at
                                                                                                                  Clean Air Act (Act or CAA). The EPA                          donaldson.tracie@epa.gov.
                                                Approval and Promulgation of                                      is approving this action under the
                                                Implementation Plans; Texas; Low                                                                                                 (3) Mail or Delivery: Ms. Tracie
                                                                                                                  federal CAA.
                                                Reid Vapor Pressure Fuel Regulations                                                                                           Donaldson, Air Permits Section (6PD–
                                                                                                                  DATES:  This direct final rule is effective                  R), Environmental Protection Agency,
                                                AGENCY: Environmental Protection                                  on September 18, 2015 without further                        1445 Ross Avenue, Suite 1200, Dallas,
                                                Agency (EPA).                                                     notice, unless the EPA receives relevant                     Texas 75202–2733.


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Document Created: 2015-12-15 12:58:11
Document Modified: 2015-12-15 12:58:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule will be effective August 19, 2015.
ContactMs. Stephanie Kordzi, telephone 214-
FR Citation80 FR 42727 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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