82 FR 57677 - Approval and Promulgation of Implementation Plans; Texas; Revisions to Emissions Banking and Trading Programs for Area and Mobile Sources

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 234 (December 7, 2017)

Page Range		57677-57679
FR Document		2017-26342

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to the Texas State Implementation Plan (SIP) Emissions Banking and Trading Programs submitted on October 10, 2017. Specifically, we are approving revisions that clarify and expand the existing provisions for the generation and use of emission credits from area and mobile sources.

Federal Register, Volume 82 Issue 234 (Thursday, December 7, 2017)

[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Rules and Regulations]
[Pages 57677-57679]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26342]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0192; FRL-9971-04-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to Emissions Banking and Trading Programs for Area and Mobile 
Sources

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 revisions to the 
Texas State Implementation Plan (SIP) Emissions Banking and Trading 
Programs submitted on October 10, 2017. Specifically, we are approving 
revisions that clarify and expand the existing provisions for the 
generation and use of emission credits from area and mobile sources.

DATES: This rule is effective on January 8, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2017-0192. All documents in the docket are 
listed on the http://www.regulations.gov Web site. 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 and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our June 
8, 2017 proposal (82 FR 26634). In that document we proposed to approve 
via parallel processing the proposed revisions to the Texas Emissions 
Banking and Trading Programs for the generation and use of emission 
credits from area and mobile sources. We preliminarily determined that 
the proposed revisions were consistent with the CAA and the EPA's 
regulations and guidance for emissions trading.
    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 September 20, 2017. The TCEQ submitted these adopted 
changes as a revision to the Texas SIP on October 10, 2017. The EPA has 
evaluated the State's final SIP revision for any changes made from the 
time of proposal. Our evaluation indicates that the TCEQ made two types 
of revisions at adoption. First, the TCEQ made several non-substantive 
revisions to correct grammar, internal cross-references, and citations 
consistent with the Texas Register formatting guidance. The EPA has 
evaluated these non-substantive revisions and determined that they do 
not make any material changes to the regulations we proposed to 
approve. The TCEQ also made several substantive revisions at adoption 
that the EPA has evaluated and classified as logical outgrowth from our 
proposal. The EPA's evaluation of the adopted revisions is included in 
the ``Addendum to the Technical Support Document'' for EPA-R06-OAR-
2017-0192, available in the rulemaking docket.
    The EPA is proceeding with our final approval of the October 10, 
2017, revisions to the Texas SIP, consistent with the parallel 
processing provisions

[[Page 57678]]

in 40 CFR part 51, Appendix V. We did not receive any comments 
regarding our proposal. As such, 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 June 8, 2017 
proposed rulemaking.

II. Final Action

    The EPA has determined that the October 10, 2017, revisions to the 
Texas SIP are consistent with the CAA and the EPA's policy and guidance 
on emissions trading. Therefore, under section 110 of the Act, the EPA 
approves the following revisions to the Texas SIP that were adopted on 
September 20, 2017, and submitted to the EPA on October 10, 2017:
     Revisions to 30 TAC Section 101.300;
     Revisions to 30 TAC Section 101.302;
     Revisions to 30 TAC Section 101.303;
     Revisions to 30 TAC Section 101.304;
     Revisions to 30 TAC Section 101.306;
     Revisions to 30 TAC Section 101.370;
     Revisions to 30 TAC Section 101.372;
     Revisions to 30 TAC Section 101.373;
     Revisions to 30 TAC Section 101.374; and
     Revisions to 30 TAC Section 101.376.

III. 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 and/or at the 
EPA Region 6 Office (please contact Adina Wiley 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 by the Director of the Federal Register in 
the next update to the SIP compilation (62 FR 27968, May 22, 1997).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 February 5, 2018. 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, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: December 1, 2017.
Samuel Coleman,
Acting 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.

[[Page 57679]]

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 
101.300, 101.302, 101.303, 101.304, 101.306, 101.370, 101.372, 101.373, 
101.374, and 101.376 to 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 101--General Air Quality Rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Subchapter H--Emissions Banking and Trading
----------------------------------------------------------------------------------------------------------------
                                       Division 1--Emission Credit Program
----------------------------------------------------------------------------------------------------------------
Section 101.300...............  Definitions.........      09/20/2017  12/7/2017, [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
Section 101.302...............  General Provisions..      09/20/2017  12/7/2017, [Insert
                                                                       Federal Register
                                                                       citation].
Section 101.303...............  Emission Reduction        09/20/2017  12/7/2017, [Insert
                                 Credit Generation                     Federal Register
                                 and Certification.                    citation].
Section 101.304...............  Mobile Emission           09/20/2017  12/7/2017, [Insert
                                 Reduction Credit                      Federal Register
                                 Generation and                        citation].
                                 Certification.
 
                                                  * * * * * * *
Section 101.306...............  Emission Credit Use.      09/20/2017  12/7/2017, [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Division 4--Discrete Emission Credit Program
----------------------------------------------------------------------------------------------------------------
Section 101.370...............  Definitions.........      09/20/2017  12/7/2017, [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
Section 101.372...............  General Provisions..      09/20/2017  12/7/2017, [Insert
                                                                       Federal Register
                                                                       citation].
Section 101.373...............  Discrete Emission         09/20/2017  12/7/2017, [Insert
                                 Reduction Credit                      Federal Register
                                 Generation and                        citation].
                                 Certification.
Section 101.374...............  Mobile Discrete           09/20/2017  12/7/2017, [Insert
                                 Emission Reduction                    Federal Register
                                 Credit Generation                     citation].
                                 and Certification.
 
                                                  * * * * * * *
Section 101.376...............  Discrete Emission         09/20/2017  12/7/2017, [Insert
                                 Credit Use.                           Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2017-26342 Filed 12-6-17; 8:45 am]
 BILLING CODE 6560-50-P

57678 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations

in 40 CFR part 51, Appendix V. We did IV. Statutory and Executive Order Indian tribe has demonstrated that a
not receive any comments regarding our Reviews tribe has jurisdiction. In those areas of
proposal. As such, we are proceeding Under the Clean Air Act, the Indian country, the rule does not have
with our final approval because the Administrator is required to approve a tribal implications and will not impose
submitted final regulations adopted by SIP submission that complies with the substantial direct costs on tribal
the state do not alter our rationale for provisions of the Act and applicable governments or preempt tribal law as
proposal presented in our June 8, 2017 Federal regulations. 42 U.S.C. 7410(k); specified by Executive Order 13175 (65
proposed rulemaking. 40 CFR 52.02(a). Thus, in reviewing SIP FR 67249, November 9, 2000).
II. Final Action submissions, the EPA’s role is to The Congressional Review Act, 5
approve state choices, provided that U.S.C. 801 et seq., as added by the Small
The EPA has determined that the they meet the criteria of the Clean Air Business Regulatory Enforcement
October 10, 2017, revisions to the Texas Act. Accordingly, this action merely Fairness Act of 1996, generally provides
SIP are consistent with the CAA and the approves state law as meeting Federal that before a rule may take effect, the
EPA’s policy and guidance on emissions requirements and does not impose agency promulgating the rule must
trading. Therefore, under section 110 of additional requirements beyond those submit a rule report, which includes a
the Act, the EPA approves the following imposed by state law. For that reason, copy of the rule, to each House of the
revisions to the Texas SIP that were this action: Congress and to the Comptroller General
adopted on September 20, 2017, and • Is not a ‘‘significant regulatory of the United States. EPA will submit a
submitted to the EPA on October 10, action’’ subject to review by the Office report containing this action and other
2017: of Management and Budget under required information to the U.S. Senate,
• Revisions to 30 TAC Section Executive Orders 12866 (58 FR 51735, the U.S. House of Representatives, and
101.300; October 4, 1993) and 13563 (76 FR 3821, the Comptroller General of the United
• Revisions to 30 TAC Section January 21, 2011); States prior to publication of the rule in
101.302; • Is not an Executive Order 13771 (82 the Federal Register. A major rule
• Revisions to 30 TAC Section FR 9339, February 2, 2017) regulatory cannot take effect until 60 days after it
101.303; action because SIP approvals are is published in the Federal Register.
• Revisions to 30 TAC Section exempted under Executive Order 12866; This action is not a ‘‘major rule’’ as
101.304; • Does not impose an information defined by 5 U.S.C. 804(2).
• Revisions to 30 TAC Section collection burden under the provisions
of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean
101.306; Air Act, petitions for judicial review of
• Revisions to 30 TAC Section U.S.C. 3501 et seq.);
• Is certified as not having a this action must be filed in the United
101.370; States Court of Appeals for the
significant economic impact on a
• Revisions to 30 TAC Section substantial number of small entities appropriate circuit by February 5, 2018.
101.372; under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by
• Revisions to 30 TAC Section U.S.C. 601 et seq.); the Administrator of this final rule does
101.373; • Does not contain any unfunded not affect the finality of this action for
• Revisions to 30 TAC Section mandate or significantly or uniquely the purposes of judicial review nor does
101.374; and affect small governments, as described it extend the time within which a
• Revisions to 30 TAC Section in the Unfunded Mandates Reform Act petition for judicial review may be filed,
101.376. of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness
III. Incorporation by Reference • Does not have Federalism of such rule or action. This action may
implications as specified in Executive not be challenged later in proceedings to
In this rule, the EPA is finalizing Order 13132 (64 FR 43255, August 10, enforce its requirements. (See section
regulatory text that includes 1999); 307(b)(2).)
incorporation by reference. In • Is not an economically significant List of Subjects in 40 CFR Part 52
accordance with requirements of 1 CFR regulatory action based on health or
51.5, the EPA is finalizing the safety risks subject to Executive Order Environmental protection, Air
incorporation by reference of the 13045 (62 FR 19885, April 23, 1997); pollution control, Carbon monoxide,
revisions to the Texas regulations as • Is not a significant regulatory action Incorporation by reference,
described in the Final Action section subject to Executive Order 13211 (66 FR Intergovernmental relations, Lead,
above. The EPA has made, and will 28355, May 22, 2001); Nitrogen dioxide, Ozone, Reporting and
continue to make, these materials • Is not subject to requirements of recordkeeping requirements, Sulfur
generally available through section 12(d) of the National oxides, Volatile organic compounds.
www.regulations.gov and/or at the EPA Technology Transfer and Advancement
Region 6 Office (please contact Adina Act of 1995 (15 U.S.C. 272 note) because Dated: December 1, 2017.
Wiley for more information). Therefore, application of those requirements would Samuel Coleman,
these materials have been approved by be inconsistent with the CAA; and Acting Regional Administrator, Region 6.
EPA for inclusion in the SIP, have been • Does not provide EPA with the
incorporated by reference by EPA into discretionary authority to address, as 40 CFR part 52 is amended as follows:
that plan, are fully federally enforceable appropriate, disproportionate human
Pmangrum on DSK3GDR082PROD with RULES

PART 52—APPROVAL AND
under sections 110 and 113 of the CAA health or environmental effects, using
PROMULGATION OF
as of the effective date of the final practicable and legally permissible
IMPLEMENTATION PLANS
rulemaking of EPA’s approval, and will methods, under Executive Order 12898
be incorporated by reference by the (59 FR 7629, February 16, 1994).
Director of the Federal Register in the In addition, the SIP is not approved ■ 1. The authority citation for part 52
next update to the SIP compilation (62 to apply on any Indian reservation land continues to read as follows:
FR 27968, May 22, 1997). or in any other area where EPA or an Authority: 42 U.S.C. 7401 et seq.

VerDate Sep<11>2014 13:34 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1

$Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations 57679 Subpart SS—Texas Sections 101.300, 101.302, 101.303, § 52.2270 Identification of plan. 101.304, 101.306, 101.370, 101.372, * * * * * ■ 2. In § 52.2270(c) the table titled ‘‘EPA 101.373, 101.374, and 101.376 to read as Approved Regulations in the Texas SIP’’ (c) * * * follows: is amended by revising the entries for EPA-APPROVED REGULATIONS IN THE TEXAS SIP State approval/ State citation Title/subject EPA approval date Explanation submittal date * * * * * * * Chapter 101—General Air Quality Rules * * * * * * * Subchapter H—Emissions Banking and Trading Division 1—Emission Credit Program Section 101.300 ...... Definitions .................................... 09/20/2017 12/7/2017, [Insert Federal Reg- ister citation]. * * * * * * * Section 101.302 ...... General Provisions ...................... 09/20/2017 12/7/2017, [Insert Federal Reg- ister citation]. Section 101.303 ...... Emission Reduction Credit Gen- 09/20/2017 12/7/2017, [Insert Federal Reg- eration and Certification. ister citation]. Section 101.304 ...... Mobile Emission Reduction Cred- 09/20/2017 12/7/2017, [Insert Federal Reg- it Generation and Certification. ister citation]. * * * * * * * Section 101.306 ...... Emission Credit Use ................... 09/20/2017 12/7/2017, [Insert Federal Reg- ister citation]. * * * * * * * Division 4—Discrete Emission Credit Program Section 101.370 ...... Definitions .................................... 09/20/2017 12/7/2017, [Insert Federal Reg- ister citation]. * * * * * * * Section 101.372 ...... General Provisions ...................... 09/20/2017 12/7/2017, [Insert Federal Reg- ister citation]. Section 101.373 ...... Discrete Emission Reduction 09/20/2017 12/7/2017, [Insert Federal Reg- Credit Generation and Certifi- ister citation]. cation. Section 101.374 ...... Mobile Discrete Emission Reduc- 09/20/2017 12/7/2017, [Insert Federal Reg- tion Credit Generation and ister citation]. Certification. * * * * * * * Section 101.376 ...... Discrete Emission Credit Use ..... 09/20/2017 12/7/2017, [Insert Federal Reg- ister citation]. * * * * * * * * * * * * [FR Doc. 2017–26342 Filed 12–6–17; 8:45 am] Pmangrum on DSK3GDR082PROD with RULES BILLING CODE 6560–50–P VerDate Sep<11>2014 17:02 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1$

Document Created: 2017-12-07 00:34:32
Document Modified: 2017-12-07 00:34:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on January 8, 2018.
Contact		Adina Wiley, 214-665-2115, [email protected]
FR Citation		82 FR 57677
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds