83 FR 1604 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range		1604-1604
FR Document		2018-00448

The Texas Commission on Environmental Quality (TCEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAP promulgated by the EPA, as amended between April 24, 2013 and August 3, 2016. The delegation of authority under this action does not apply to sources located in Indian Country. The EPA is providing notice proposing to approve the delegation of certain NESHAPs to TCEQ.

Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)

[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Page 1604]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00448]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R06-OAR-2017-0061; FRL-9972-29-Region 6]


National Emission Standards for Hazardous Air Pollutants; 
Delegation of Authority to Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Texas Commission on Environmental Quality (TCEQ) has 
submitted updated regulations for receiving delegation of EPA authority 
for implementation and enforcement of National Emission Standards for 
Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and 
non-part 70 sources). These regulations apply to certain NESHAP 
promulgated by the EPA, as amended between April 24, 2013 and August 3, 
2016. The delegation of authority under this action does not apply to 
sources located in Indian Country. The EPA is providing notice 
proposing to approve the delegation of certain NESHAPs to TCEQ.

DATES: Written comments should be received on or before February 12, 
2018.

ADDRESSES: Submit your comments, identified by EPA-R06-OAR-2017-0061, 
at http://www.regulations.gov or via email to [email protected]. 
For additional information on how to submit comments see the detailed 
instructions in the ADDRESSES section of the direct final rule located 
in the rules section of this issue of the Federal Register.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett, (214) 665-7227; 
email: [email protected].

SUPPLEMENTARY INFORMATION: In the final rules section of this issue of 
the Federal Register, the EPA is approving TCEQ's request for 
delegation of authority to implement and enforce certain NESHAP for all 
sources (both part 70 and non-part 70 sources). TCEQ has adopted 
certain NESHAP by reference into Texas's state regulations. In 
addition, the EPA is waiving its notification requirements so sources 
will only need to send notifications and reports to TCEQ. The EPA is 
taking direct final action without prior proposal because the EPA views 
this as a noncontroversial action and anticipates no adverse comments. 
A detailed rationale for the approval is set forth in the direct final 
rule. If no relevant adverse comments are received in response to this 
action, no further activity is contemplated. If the EPA receives 
relevant adverse comments, the direct final rule will be withdrawn, and 
all public comments received will be addressed in a subsequent final 
rule based on this proposed rule. The EPA will not institute a second 
comment period. Any parties interested in commenting should do so at 
this time.
    For additional information, see the direct final rule which is 
located in the rules section of this issue of the Federal Register.

    Dated: January 4, 2018.
Wren Stenger,
Director, Multimedia Division, Region 6.
[FR Doc. 2018-00448 Filed 1-11-18; 8:45 am]
BILLING CODE 6560-50-P

1604 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules

Exhibit A, Section C, Subsection B. This Technology Transfer and Advancement EPA, as amended between April 24,
Board order is found in the Montana SIP Act of 1995 (15 U.S.C. 272 note) because 2013 and August 3, 2016. The
under ‘‘EPA-approved Source-Specific application of those requirements would delegation of authority under this action
Requirements.’’ The EPA has made, and be inconsistent with the CAA; and does not apply to sources located in
will continue to make, these materials • does not provide the EPA with the Indian Country. The EPA is providing
generally available through discretionary authority to address, as notice proposing to approve the
www.regulations.gov and at the EPA appropriate, disproportionate human delegation of certain NESHAPs to
Region 8 Office (please contact the health or environmental effects, using TCEQ.
person identified in the FOR FURTHER practicable and legally permissible
methods, under Executive Order 12898 DATES: Written comments should be
INFORMATION CONTACT section of this
(59 FR 7629, February 16, 1994). received on or before February 12, 2018.
preamble for more information).
The SIP is not approved to apply on ADDRESSES: Submit your comments,
V. Statutory and Executive Order any Indian reservation land or in any identified by EPA–R06–OAR–2017–
Reviews other area where the EPA or an Indian 0061, at http://www.regulations.gov or
Under the Clean Air Act, the tribe has demonstrated that a tribe has via email to barrett.richard@epa.gov.
Administrator is required to approve a jurisdiction. In those areas of Indian For additional information on how to
SIP submission that complies with the country, the proposed rule does not submit comments see the detailed
provisions of the Act and applicable have tribal implications and will not instructions in the ADDRESSES section of
federal regulations. 42 U.S.C. 7410(k); impose substantial direct costs on tribal the direct final rule located in the rules
40 CFR 52.02(a). Thus, in reviewing SIP governments or preempt tribal law as section of this issue of the Federal
submissions, the EPA’s role is to specified by Executive Order 13175 (65 Register.
approve state choices, provided that FR 67249, November 9, 2000).
they meet the criteria of the Clean Air FOR FURTHER INFORMATION CONTACT: Mr.
List of Subjects in 40 CFR Part 52 Rick Barrett, (214) 665–7227; email:
Act. Accordingly, this action merely
proposes to approve state law as Environmental protection, Air barrett.richard@epa.gov.
meeting federal requirements and does pollution control, Carbon monoxide, SUPPLEMENTARY INFORMATION: In the
not impose additional requirements Incorporation by reference, final rules section of this issue of the
beyond those imposed by state law. For Intergovernmental relations, Lead, Federal Register, the EPA is approving
that reason, this proposed action: Nitrogen dioxide, Ozone, Particulate TCEQ’s request for delegation of
• Is not a ‘‘significant regulatory matter, Reporting and recordkeeping authority to implement and enforce
action’’ subject to review by the Office requirements, Sulfur oxides, Volatile certain NESHAP for all sources (both
of Management and Budget under organic compounds. part 70 and non-part 70 sources). TCEQ
Executive Order 12866 (58 FR 51735, Authority: 42 U.S.C. 7401 et seq. has adopted certain NESHAP by
October 4, 1993); reference into Texas’s state regulations.
Dated: January 2, 2018.
• is not expected to be an Executive In addition, the EPA is waiving its
Douglas H. Benevento,
Order 13771 regulatory action because notification requirements so sources
Regional Administrator, Region 8. will only need to send notifications and
this action is not significant under
Executive Order 12866; [FR Doc. 2018–00114 Filed 1–11–18; 8:45 am] reports to TCEQ. The EPA is taking
• does not impose an information BILLING CODE 6560–50–P direct final action without prior
collection burden under the provisions proposal because the EPA views this as
of the Paperwork Reduction Act (44 a noncontroversial action and
U.S.C. 3501 et seq.); ENVIRONMENTAL PROTECTION anticipates no adverse comments. A
• is certified as not having a AGENCY detailed rationale for the approval is set
significant economic impact on a forth in the direct final rule. If no
40 CFR Part 63
substantial number of small entities relevant adverse comments are received
under the Regulatory Flexibility Act (5 [EPA–R06–OAR–2017–0061; FRL–9972–29– in response to this action, no further
U.S.C. 601 et seq.); Region 6] activity is contemplated. If the EPA
• does not contain any unfunded receives relevant adverse comments, the
mandate or significantly or uniquely National Emission Standards for direct final rule will be withdrawn, and
affect small governments, as described Hazardous Air Pollutants; Delegation all public comments received will be
in the Unfunded Mandates Reform Act of Authority to Texas addressed in a subsequent final rule
of 1995 (Pub. L. 104–4); AGENCY: Environmental Protection based on this proposed rule. The EPA
• does not have federalism Agency (EPA). will not institute a second comment
implications as specified in Executive ACTION: Proposed rule. period. Any parties interested in
Order 13132 (64 FR 43255, August 10, commenting should do so at this time.
1999); SUMMARY: The Texas Commission on For additional information, see the
• is not an economically significant Environmental Quality (TCEQ) has direct final rule which is located in the
regulatory action based on health or submitted updated regulations for rules section of this issue of the Federal
safety risks subject to Executive Order receiving delegation of EPA authority Register.
13045 (62 FR 19885, April 23, 1997); for implementation and enforcement of
Dated: January 4, 2018.
sradovich on DSK3GMQ082PROD with PROPOSALS

• is not a significant regulatory action National Emission Standards for
subject to Executive Order 13211 (66 FR Hazardous Air Pollutants (NESHAP) for Wren Stenger,
28355, May 22, 2001); all sources (both part 70 and non-part 70 Director, Multimedia Division, Region 6.
• is not subject to requirements of sources). These regulations apply to [FR Doc. 2018–00448 Filed 1–11–18; 8:45 am]
Section 12(d) of the National certain NESHAP promulgated by the BILLING CODE 6560–50–P

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Document Created: 2018-10-26 09:52:08
Document Modified: 2018-10-26 09:52:08

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		Proposed Rules
Action		Proposed rule.
Dates		Written comments should be received on or before February 12, 2018.
Contact		Mr. Rick Barrett, (214) 665-7227; email: [email protected]
FR Citation		83 FR 1604