83_FR_21268 83 FR 21178 - Approval and Promulgation of Implementation Plans; Texas; Revisions to Permitting and Public Participation for Air Quality Permit Applications

83 FR 21178 - Approval and Promulgation of Implementation Plans; Texas; Revisions to Permitting and Public Participation for Air Quality Permit Applications

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 90 (May 9, 2018)

Page Range21178-21181
FR Document2018-09755

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving four revisions to the Texas State Implementation Plan (SIP) submitted on December 12, 2016 and February 21, 2017, specific to air quality permitting and public notice for air quality permit applications.

Federal Register, Volume 83 Issue 90 (Wednesday, May 9, 2018)
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Rules and Regulations]
[Pages 21178-21181]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09755]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0124; FRL-9976-95-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to Permitting and Public Participation for Air Quality Permit 
Applications

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 four revisions to 
the Texas State Implementation Plan (SIP) submitted on December 12, 
2016 and February 21, 2017, specific to air quality permitting and 
public notice for air quality permit applications.

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

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2017-0124. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet 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 
February 14, 2018, proposal (83 FR 6491). In that document we proposed 
to approve four revisions to the Texas SIP that revise the New Source 
Review (NSR) permitting and public notice requirements. We received one 
supportive comment from the Texas Commission on Environmental Quality. 
We also received six anonymous comments.\1\ These comments were not 
significant as they did not raise relevant points which, if adopted, 
would require a change in the agency's proposed rule. The EPA is 
finalizing as proposed; no changes have been made as a result of the 
comments received.
---------------------------------------------------------------------------

    \1\ The comments are available in the docket for this 
rulemaking.
---------------------------------------------------------------------------

II. Final Action

    We are approving revisions to the Texas SIP that revise the NSR 
permitting and public notice requirements. We have determined that the 
revisions submitted on December 12, 2016 were developed in accordance

[[Page 21179]]

with the CAA and EPA's regulations, policy and guidance for NSR 
permitting. Therefore, under section 110 of the Act, the EPA approves 
the following revisions to the Texas SIP:
     Repeal of 30 TAC Section 116.120--Applicability--adopted 
on November 2, 2016, and submitted on December 12, 2016;
     Repeal of 30 TAC Section 116.121--Exemptions--adopted on 
November 2, 2016, and submitted on December 12, 2016;
     Repeal of 30 TAC Section 116.122--Contents of Compliance 
History--adopted on November 2, 2016, and submitted on December 12, 
2016;
     Repeal of 30 TAC Section 116.123--Effective Dates--adopted 
on November 2, 2016, and submitted on December 12, 2016;
     Repeal of 30 TAC Section 116.125--Preservation of Existing 
Rights and Procedures--adopted on November 2, 2016, and submitted on 
December 12, 2016; and
     Repeal of 30 TAC Section 116.126--Voidance of Permit 
Applications--adopted on November 2, 2016, and submitted on December 
12, 2016.
    Additionally, we have determined that the revisions submitted on 
February 21, 2017, were developed in accordance with the CAA and EPA's 
regulations, policy and guidance for public notice for air permitting. 
Under section 110 of the Act, the EPA approves the following revisions 
into the Texas SIP:
     Revisions to 30 TAC Section 39.405 adopted on December 9, 
2015, and submitted on February 21, 2017;
     Revisions to 30 TAC Section 39.411 adopted on December 7, 
2016, and submitted on February 21, 2017;
     Revisions to 30 TAC Section 39.419 adopted on December 9, 
2015, and submitted on February 21, 2017;
     Revisions to 30 TAC Section 39.603 adopted on December 7, 
2016, and submitted on February 21, 2017;
     Revisions to 30 TAC Section 55.152 adopted on December 7, 
2016, and submitted on February 21, 2017;
     Withdrawal of 30 TAC Section 55.156(e) from the Texas SIP 
as adopted on December 9, 2015, and submitted on February 21, 2017; and 
the
     Repeal of 30 TAC Sections 116.130--116.134, 116.136, and 
116.137 from the Texas SIP as adopted on November 2, 2016 and submitted 
on February 21, 2017.
    We also approve revisions to the amendatory language at 40 CFR 
52.2270(c) to identify specific provisions adopted by the State not 
submitted for inclusion in the Texas SIP. We are revising the language 
at 40 CFR 52.2270(c) to clearly indicate that the Texas SIP does not 
include the revisions to 30 TAC Sections 39.405(h)(1)(A) and 39.602(c) 
as adopted on December 9, 2015, or 30 TAC Section 39.411(e)(10) as 
adopted on December 7, 2016.

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 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 in the next update to the SIP compilation.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, 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 July 9, 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

[[Page 21180]]

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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.


    Dated: April 27, 2018.
Wren Stenger,
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.

Subpart SS--Texas

0
2. In Sec.  52.2270(c), the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by:
0
a. Revising the entries for Sections 39.405, 39.411, 39.419, 39.602, 
39.603, 55.152, and 55.156;
0
b. Adding an entry for Section 116.127 in numerical order under the 
heading ``Division 1--Permit Application'';
0
c. Removing the heading ``Division 2--Compliance History'' and the 
entries that follow for Sections 116.120, 116.121, 116.122, 116.123, 
116.125, 116.126, and 116.127; and
0
d. Removing the heading ``Division 3--Public Notice'' and the entries 
that follow for Sections 116.130, 116.131, 116.132, 116.133, 116.134, 
116.136, and 116.137.
    The revision and addition 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 39--Public Notice
----------------------------------------------------------------------------------------------------------------
                               Subchapter H--Applicability and General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 39.405...................  General Notice          12/9/2015  5/9/2018, [Insert     SIP includes
                                    Provisions.                        Federal Register      39.405(f)(3) and
                                                                       citation].            (g), (h)(2)-(h)(4),
                                                                                             (h)(6), (h)(8)-
                                                                                             (h)(11), (i) and
                                                                                             (j) as adopted on
                                                                                             12/9/2015.
                                                                                            SIP includes
                                                                                             39.405(h)(1)9A) as
                                                                                             adopted on 6/2/
                                                                                             2010.
 
                                                  * * * * * * *
Section 39.411...................  Text of Public          12/7/2016  5/9/2018, [Insert     SIP includes
                                    Notice.                            Federal Register      39.411(a),
                                                                       citation].            39.411(e)(1)-(4)(A)
                                                                                             (i) and (iii),
                                                                                             (4)(B), (e)(5)
                                                                                             introductory
                                                                                             paragraph,
                                                                                             (e)(5)(A),
                                                                                             (e)(5)(B), (e)(6)-
                                                                                             (9), (e)(11)(A)(i),
                                                                                             (e)(11)(A)(iii),
                                                                                             (e)(11)(A)(iv),
                                                                                             (e)(11)(B)-(F),
                                                                                             (e)(13), (e)(15),
                                                                                             (e)(16), (f)(1)-
                                                                                             (8), (g), and (h)
                                                                                             as adopted 12/7/
                                                                                             2016.
                                                                                            SIP includes
                                                                                             39.411(e)(10) as
                                                                                             adopted on 3/26/
                                                                                             2014.
 
                                                  * * * * * * *
Section 39.419...................  Notice of               12/9/2015  5/9/2018, [Insert     SIP includes
                                    Application and                    Federal Register      39.419(e) (e)(1)
                                    Preliminary                        citation].            and (e)(2).
                                    Determination.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Subchapter K--Public Notice of Air Quality Applications
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 39.602...................  Mailed Notice.......     6/2/2010  1/6/2014, 79 FR 551.  SIP does not include
                                                                                             39.602(c) adopted
                                                                                             on 12/9/2015.
Section 39.603...................  Newspaper Notice....    12/7/2016  5/9/2018, [Insert     ....................
                                                                       Federal Register
                                                                       citation].
 

[[Page 21181]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Chapter 55--Requests for Reconsideration and Contested Case Hearings; Public Comment
----------------------------------------------------------------------------------------------------------------
                                Subchapter E--Public Comment and Public Meetings
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 55.152...................  Public Comment          12/7/2016  5/9/2018, [Insert     SIP includes
                                    Period.                            Federal Register      55.152(a)(1),
                                                                       citation].            (a)(2), (a)(3),
                                                                                             (a)(6), (a)(7), and
                                                                                             (b).
 
                                                  * * * * * * *
Section 55.156...................  Public Comment          12/9/2015  5/9/2018, [Insert     SIP includes
                                    Processing.                        Federal Register      55.156(a), (b),
                                                                       citation].            (c)(1), and (g).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 116.127..................  Actual to Projected      2/9/2011  10/25/2012, 77 FR     ....................
                                    Actual and Emission                65119.
                                    Exclusion Test for
                                    Emissions.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-09755 Filed 5-8-18; 8:45 am]
 BILLING CODE 6560-50-P



                                           21178                  Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations

                                                                                     EPA–APPROVED NEW JERSEY STATE REGULATIONS—Continued
                                                                                                                                    State effective                EPA approval
                                                          State citation                             Title/subject                                                                                Comments
                                                                                                                                         date                         date

                                           Title 13, Chapter 20, Subchapter             Compliance with Diesel Emission                April 26, 2016   May 9, 2018, EPA approval final-
                                              26, Section 26.12.                          Standards and Equipment,                                       ized at [insert Federal Register
                                                                                          Periodic Inspection Program for                                citation].
                                                                                          Diesel Emissions, and Self-In-
                                                                                          spection of Certain Classes of
                                                                                          Motor Vehicles.
                                           Title 13, Chapter 20, Subchapter             Compliance with Diesel Emission                April 26, 2016   May 9, 2018, EPA approval final-
                                              26, Section 26.16.                          Standards and Equipment,                                       ized at [insert Federal Register
                                                                                          Periodic Inspection Program for                                citation].
                                                                                          Diesel Emissions, and Self-In-
                                                                                          spection of Certain Classes of
                                                                                          Motor Vehicles.
                                           Title 13, Chapter 20, Subchapter             Compliance with Diesel Emission                April 26, 2016   May 9, 2018, EPA approval final-
                                              26, Section 26.17.                          Standards and Equipment,                                       ized at [insert Federal Register
                                                                                          Periodic Inspection Program for                                citation].
                                                                                          Diesel Emissions, and Self-In-
                                                                                          spection of Certain Classes of
                                                                                          Motor Vehicles.

                                                     *                 *                                *                *                            *                    *                         *
                                           Title 13, Chapter 20, Subchapter             Inspection Standards and Test                  April 26, 2016  May 9, 2018, EPA approval final-
                                              32.                                         Procedures to be Used by Offi-                                ized at [insert Federal Register
                                                                                          cial Inspection Facilities.                                   citation].
                                           Title 13, Chapter 20, Subchapter             Inspection Standards and Test                  April 26, 2016 May 9, 2018, EPA approval final-
                                              33.                                         Procedures to be Used by Li-                                  ized at [insert Federal Register
                                                                                          censed Private Inspection Fa-                                 citation].
                                                                                          cilities.
                                           Title 13, Chapter 20, Subchapter             Enhanced Motor Vehicle Inspec-                 April 26, 2016   May 9, 2018, EPA approval final-
                                              43.                                         tion and Maintenance Program.                                  ized at [insert Federal Register
                                                                                                                                                         citation].
                                           Title 13, Chapter 20, Subchapter             Private Inspection Facility Licens-            April 26, 2016   May 9, 2018, EPA approval final-
                                              44.                                         ing.                                                           ized at [insert Federal Register
                                                                                                                                                         citation].

                                                      *                         *                        *                      *                       *                      *                     *



                                           *      *         *       *      *                           permitting and public notice for air                  I. Background
                                           [FR Doc. 2018–09788 Filed 5–8–18; 8:45 am]                  quality permit applications.                             The background for this action is
                                           BILLING CODE 6560–50–P                                      DATES: This rule is effective on June 8,              discussed in detail in our February 14,
                                                                                                       2018.                                                 2018, proposal (83 FR 6491). In that
                                                                                                       ADDRESSES: The EPA has established a                  document we proposed to approve four
                                           ENVIRONMENTAL PROTECTION                                                                                          revisions to the Texas SIP that revise the
                                                                                                       docket for this action under Docket ID
                                           AGENCY                                                                                                            New Source Review (NSR) permitting
                                                                                                       No. EPA–R06–OAR–2017–0124. All
                                           40 CFR Part 52                                              documents in the docket are listed on                 and public notice requirements. We
                                                                                                       the http://www.regulations.gov website.               received one supportive comment from
                                                                                                       Although listed in the index, some                    the Texas Commission on
                                           [EPA–R06–OAR–2017–0124; FRL–9976–95–                                                                              Environmental Quality. We also
                                           Region 6]                                                   information is not publicly available,
                                                                                                       e.g., Confidential Business Information               received six anonymous comments.1
                                           Approval and Promulgation of                                or other information whose disclosure is              These comments were not significant as
                                           Implementation Plans; Texas;                                restricted by statute. Certain other                  they did not raise relevant points which,
                                           Revisions to Permitting and Public                          material, such as copyrighted material,               if adopted, would require a change in
                                           Participation for Air Quality Permit                        is not placed on the internet and will be             the agency’s proposed rule. The EPA is
                                           Applications                                                publicly available only in hard copy                  finalizing as proposed; no changes have
                                                                                                       form. Publicly available docket                       been made as a result of the comments
                                           AGENCY: Environmental Protection                            materials are available either                        received.
                                           Agency (EPA).                                               electronically through http://                        II. Final Action
                                                                                                       www.regulations.gov or in hard copy at
                                           ACTION:    Final rule.                                                                                               We are approving revisions to the
                                                                                                       the EPA Region 6, 1445 Ross Avenue,
                                                                                                       Suite 700, Dallas, Texas 75202–2733.                  Texas SIP that revise the NSR
                                           SUMMARY:  Pursuant to the Federal Clean
amozie on DSK3GDR082PROD with RULES




                                                                                                                                                             permitting and public notice
                                           Air Act (CAA or the Act), the                               FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             requirements. We have determined that
                                           Environmental Protection Agency (EPA)                       Adina Wiley, 214–665–2115,                            the revisions submitted on December
                                           is approving four revisions to the Texas                    wiley.adina@epa.gov.                                  12, 2016 were developed in accordance
                                           State Implementation Plan (SIP)                             SUPPLEMENTARY INFORMATION:
                                           submitted on December 12, 2016 and                          Throughout this document ‘‘we,’’ ‘‘us,’’                1 The comments are available in the docket for

                                           February 21, 2017, specific to air quality                  and ‘‘our’’ means the EPA.                            this rulemaking.



                                      VerDate Sep<11>2014       16:12 May 08, 2018   Jkt 244001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\09MYR1.SGM   09MYR1


                                                              Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations                                           21179

                                           with the CAA and EPA’s regulations,                     the Texas SIP does not include the                    affect small governments, as described
                                           policy and guidance for NSR permitting.                 revisions to 30 TAC Sections                          in the Unfunded Mandates Reform Act
                                           Therefore, under section 110 of the Act,                39.405(h)(1)(A) and 39.602(c) as                      of 1995 (Pub. L. 104–4);
                                           the EPA approves the following                          adopted on December 9, 2015, or 30                       • Does not have Federalism
                                           revisions to the Texas SIP:                             TAC Section 39.411(e)(10) as adopted                  implications as specified in Executive
                                              • Repeal of 30 TAC Section 116.120—                  on December 7, 2016.                                  Order 13132 (64 FR 43255, August 10,
                                           Applicability—adopted on November 2,                                                                          1999);
                                                                                                   III. Incorporation by Reference
                                           2016, and submitted on December 12,                                                                              • Is not an economically significant
                                           2016;                                                      In this rule, the EPA is finalizing                regulatory action based on health or
                                              • Repeal of 30 TAC Section 116.121—                  regulatory text that includes                         safety risks subject to Executive Order
                                           Exemptions—adopted on November 2,                       incorporation by reference. In                        13045 (62 FR 19885, April 23, 1997);
                                           2016, and submitted on December 12,                     accordance with requirements of 1 CFR                    • Is not a significant regulatory action
                                           2016;                                                   51.5, the EPA is finalizing the                       subject to Executive Order 13211 (66 FR
                                              • Repeal of 30 TAC Section 116.122—                  incorporation by reference of the                     28355, May 22, 2001);
                                           Contents of Compliance History—                         revisions to the Texas regulations as                    • Is not subject to requirements of
                                           adopted on November 2, 2016, and                        described in the Final Action section                 section 12(d) of the National
                                           submitted on December 12, 2016;                         above. The EPA has made, and will                     Technology Transfer and Advancement
                                              • Repeal of 30 TAC Section 116.123—                  continue to make, these materials                     Act of 1995 (15 U.S.C. 272 note) because
                                           Effective Dates—adopted on November                     generally available through                           application of those requirements would
                                           2, 2016, and submitted on December 12,                  www.regulations.gov and at the EPA                    be inconsistent with the CAA; and
                                           2016;                                                   Region 6 Office (please contact Adina                    • Does not provide EPA with the
                                              • Repeal of 30 TAC Section 116.125—                  Wiley for more information). Therefore,               discretionary authority to address, as
                                           Preservation of Existing Rights and                     these materials have been approved by                 appropriate, disproportionate human
                                           Procedures—adopted on November 2,                       EPA for inclusion in the SIP, have been               health or environmental effects, using
                                           2016, and submitted on December 12,                     incorporated by reference by EPA into                 practicable and legally permissible
                                           2016; and                                               that plan, are fully federally enforceable            methods, under Executive Order 12898
                                              • Repeal of 30 TAC Section 116.126—                  under sections 110 and 113 of the CAA                 (59 FR 7629, February 16, 1994).
                                           Voidance of Permit Applications—                        as of the effective date of the final                 In addition, the SIP is not approved to
                                           adopted on November 2, 2016, and                        rulemaking of EPA’s approval, and will                apply on any Indian reservation land or
                                           submitted on December 12, 2016.                         be incorporated by reference in the next
                                              Additionally, we have determined                                                                           in any other area where EPA or an
                                                                                                   update to the SIP compilation.                        Indian tribe has demonstrated that a
                                           that the revisions submitted on February
                                           21, 2017, were developed in accordance                  IV. Statutory and Executive Order                     tribe has jurisdiction. In those areas of
                                           with the CAA and EPA’s regulations,                     Reviews                                               Indian country, the rule does not have
                                           policy and guidance for public notice                     Under the CAA, the Administrator is                 tribal implications and will not impose
                                           for air permitting. Under section 110 of                required to approve a SIP submission                  substantial direct costs on tribal
                                           the Act, the EPA approves the following                 that complies with the provisions of the              governments or preempt tribal law as
                                           revisions into the Texas SIP:                           Act and applicable Federal regulations.               specified by Executive Order 13175 (65
                                              • Revisions to 30 TAC Section 39.405                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                   FR 67249, November 9, 2000).
                                           adopted on December 9, 2015, and                        Thus, in reviewing SIP submissions, the                  The Congressional Review Act, 5
                                           submitted on February 21, 2017;                         EPA’s role is to approve state choices,               U.S.C. 801 et seq., as added by the Small
                                              • Revisions to 30 TAC Section 39.411                 provided that they meet the criteria of               Business Regulatory Enforcement
                                           adopted on December 7, 2016, and                        the CAA. Accordingly, this action                     Fairness Act of 1996, generally provides
                                           submitted on February 21, 2017;                         merely approves state law as meeting                  that before a rule may take effect, the
                                              • Revisions to 30 TAC Section 39.419                 Federal requirements and does not                     agency promulgating the rule must
                                           adopted on December 9, 2015, and                        impose additional requirements beyond                 submit a rule report, which includes a
                                           submitted on February 21, 2017;                         those imposed by state law. For that                  copy of the rule, to each House of the
                                              • Revisions to 30 TAC Section 39.603                 reason, this action:                                  Congress and to the Comptroller General
                                           adopted on December 7, 2016, and                          • Is not a ‘‘significant regulatory                 of the United States. EPA will submit a
                                           submitted on February 21, 2017;                         action’’ subject to review by the Office              report containing this action and other
                                              • Revisions to 30 TAC Section 55.152                 of Management and Budget under                        required information to the U.S. Senate,
                                           adopted on December 7, 2016, and                        Executive Orders 12866 (58 FR 51735,                  the U.S. House of Representatives, and
                                           submitted on February 21, 2017;                         October 4, 1993) and 13563 (76 FR 3821,               the Comptroller General of the United
                                              • Withdrawal of 30 TAC Section                       January 21, 2011);                                    States prior to publication of the rule in
                                           55.156(e) from the Texas SIP as adopted                   • Is not an Executive Order 13771 (82               the Federal Register. A major rule
                                           on December 9, 2015, and submitted on                   FR 9339, February 2, 2017) regulatory                 cannot take effect until 60 days after it
                                           February 21, 2017; and the                              action because SIP approvals are                      is published in the Federal Register.
                                              • Repeal of 30 TAC Sections                          exempted under Executive Order 12866;                 This action is not a ‘‘major rule’’ as
                                           116.130—116.134, 116.136, and 116.137                     • Does not impose an information                    defined by 5 U.S.C. 804(2).
                                           from the Texas SIP as adopted on                        collection burden under the provisions                   Under section 307(b)(1) of the Clean
                                           November 2, 2016 and submitted on                       of the Paperwork Reduction Act (44                    Air Act, petitions for judicial review of
                                           February 21, 2017.                                      U.S.C. 3501 et seq.);                                 this action must be filed in the United
                                              We also approve revisions to the                       • Is certified as not having a                      States Court of Appeals for the
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                                           amendatory language at 40 CFR                           significant economic impact on a                      appropriate circuit by July 9, 2018.
                                           52.2270(c) to identify specific                         substantial number of small entities                  Filing a petition for reconsideration by
                                           provisions adopted by the State not                     under the Regulatory Flexibility Act (5               the Administrator of this final rule does
                                           submitted for inclusion in the Texas                    U.S.C. 601 et seq.);                                  not affect the finality of this action for
                                           SIP. We are revising the language at 40                   • Does not contain any unfunded                     the purposes of judicial review nor does
                                           CFR 52.2270(c) to clearly indicate that                 mandate or significantly or uniquely                  it extend the time within which a


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                                           21180                Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations

                                           petition for judicial review may be filed,                  PART 52—APPROVAL AND                                     heading ‘‘Division 1—Permit
                                           and shall not postpone the effectiveness                    PROMULGATION OF                                          Application’’;
                                           of such rule or action. This action may                     IMPLEMENTATION PLANS                                     ■ c. Removing the heading ‘‘Division
                                           not be challenged later in proceedings to                                                                            2—Compliance History’’ and the entries
                                           enforce its requirements. (See section                      ■ 1. The authority citation for part 52                  that follow for Sections 116.120,
                                           307(b)(2).)                                                 continues to read as follows:                            116.121, 116.122, 116.123, 116.125,
                                           List of Subjects in 40 CFR Part 52                              Authority: 42 U.S.C. 7401 et seq.                    116.126, and 116.127; and
                                             Environmental protection, Air                                                                                      ■ d. Removing the heading ‘‘Division
                                                                                                       Subpart SS—Texas                                         3—Public Notice’’ and the entries that
                                           pollution control, Incorporation by
                                           reference, Nitrogen dioxide, Ozone,                                                                                  follow for Sections 116.130, 116.131,
                                                                                                       ■  2. In § 52.2270(c), the table titled                  116.132, 116.133, 116.134, 116.136, and
                                           Particulate matter, Reporting and
                                                                                                       ‘‘EPA Approved Regulations in the                        116.137.
                                           recordkeeping requirements, Sulfur
                                                                                                       Texas SIP’’ is amended by:                                 The revision and addition read as
                                           oxides, Volatile organic compounds.
                                                                                                       ■ a. Revising the entries for Sections                   follows:
                                            Dated: April 27, 2018.                                     39.405, 39.411, 39.419, 39.602, 39.603,
                                           Wren Stenger,                                               55.152, and 55.156;                                      § 52.2270   Identification of plan.
                                           Acting Regional Administrator, Region 6.                    ■ b. Adding an entry for Section                         *       *    *        *       *
                                              40 CFR part 52 is amended as follows:                    116.127 in numerical order under the                         (c) * * *

                                                                                                 EPA APPROVED REGULATIONS IN THE TEXAS SIP
                                                                                                                         State
                                                                                                                       approval/
                                                    State citation                       Title/subject                                     EPA approval date                              Explanation
                                                                                                                       submittal
                                                                                                                         date


                                                      *                         *                          *                       *                       *                      *                     *

                                                                                                                     Chapter 39—Public Notice

                                                                                                  Subchapter H—Applicability and General Provisions


                                                    *                           *                   *                            *                   *                           *                     *
                                           Section 39.405 ...................   General Notice Provisions               12/9/2015 5/9/2018, [Insert Federal           SIP includes 39.405(f)(3) and (g), (h)(2)–
                                                                                                                                    Register citation].                 (h)(4), (h)(6), (h)(8)–(h)(11), (i) and (j)
                                                                                                                                                                        as adopted on 12/9/2015.
                                                                                                                                                                      SIP includes 39.405(h)(1)9A) as adopted
                                                                                                                                                                        on 6/2/2010.

                                                    *                           *                    *                           *                   *                           *                      *
                                           Section 39.411 ...................   Text of Public Notice .........         12/7/2016 5/9/2018, [Insert Federal           SIP includes 39.411(a), 39.411(e)(1)–
                                                                                                                                    Register citation].                 (4)(A)(i) and (iii), (4)(B), (e)(5) intro-
                                                                                                                                                                        ductory paragraph, (e)(5)(A), (e)(5)(B),
                                                                                                                                                                        (e)(6)–(9), (e)(11)(A)(i), (e)(11)(A)(iii),
                                                                                                                                                                        (e)(11)(A)(iv), (e)(11)(B)–(F), (e)(13),
                                                                                                                                                                        (e)(15), (e)(16), (f)(1)–(8), (g), and (h)
                                                                                                                                                                        as adopted 12/7/2016.
                                                                                                                                                                      SIP includes 39.411(e)(10) as adopted
                                                                                                                                                                        on 3/26/2014.

                                                    *                           *                     *                          *                   *                          *                    *
                                           Section 39.419 ...................   Notice of Application and               12/9/2015 5/9/2018, [Insert Federal           SIP includes 39.419(e) (e)(1) and (e)(2).
                                                                                  Preliminary Determina-                            Register citation].
                                                                                  tion.

                                                      *                         *                          *                       *                       *                      *                     *

                                                                                                 Subchapter K—Public Notice of Air Quality Applications


                                                    *                           *                       *                          *                 *                         *                  *
                                           Section 39.602 ...................   Mailed Notice ....................         6/2/2010 1/6/2014, 79 FR 551 .........     SIP does not include 39.602(c) adopted
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                                                                                                                                                                        on 12/9/2015.
                                           Section 39.603 ...................   Newspaper Notice .............          12/7/2016      5/9/2018, [Insert Federal
                                                                                                                                         Register citation].




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                                                                Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations                                                   21181

                                                                                      EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
                                                                                                                      State
                                                                                                                    approval/
                                                    State citation                       Title/subject                                   EPA approval date                          Explanation
                                                                                                                    submittal
                                                                                                                      date

                                                      *                         *                        *                       *                       *                      *                 *

                                                                        Chapter 55—Requests for Reconsideration and Contested Case Hearings; Public Comment

                                                                                                 Subchapter E—Public Comment and Public Meetings


                                                    *                           *                  *                          *                   *                           *                  *
                                           Section 55.152 ...................   Public Comment Period ....           12/7/2016 5/9/2018, [Insert Federal           SIP includes 55.152(a)(1), (a)(2), (a)(3),
                                                                                                                                 Register citation].                 (a)(6), (a)(7), and (b).

                                                    *                           *                 *                           *                   *                         *                    *
                                           Section 55.156 ...................   Public Comment Proc-                 12/9/2015 5/9/2018, [Insert FEDERAL           SIP includes 55.156(a), (b), (c)(1), and
                                                                                  essing.                                        REGISTER citation].                 (g).

                                                      *                         *                        *                       *                       *                      *                 *

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


                                                      *                         *                        *                       *                       *                      *                 *

                                                                                                     Subchapter B—New Source Review Permits

                                                                                                               Division 1—Permit Application


                                                    *                           *                    *                           *                 *                            *                 *
                                           Section 116.127 .................    Actual to Projected Actual               2/9/2011 10/25/2012, 77 FR 65119
                                                                                  and Emission Exclusion
                                                                                  Test for Emissions.

                                                      *                         *                        *                       *                       *                      *                 *



                                           *      *       *       *      *                            Notice of Proposed Rulemaking, FCC                      Rulemaking, FCC 17–154, published at
                                           [FR Doc. 2018–09755 Filed 5–8–18; 8:45 am]                 17–154, which stated that the                           82 FR 61453, December 28, 2017, as
                                           BILLING CODE 6560–50–P                                     Commission would publish a document                     specified above.
                                                                                                      in the Federal Register announcing the                     The OMB Control Number is 3060–
                                                                                                      effective date of those rules.                          0149. The Commission publishes this
                                           FEDERAL COMMUNICATIONS                                     DATES: The amendment to 47 CFR                          document as an announcement of the
                                           COMMISSION                                                 63.60(d)–(i) and 63.71(k) published at                  effective date of the rules. If you have
                                                                                                      82 FR 61453, December 28, 2017, is                      any comments on the burden estimates
                                           47 CFR Part 63                                             effective on May 9, 2018.                               listed below, or how the Commission
                                                                                                      FOR FURTHER INFORMATION CONTACT:                        can improve the collections and reduce
                                           [WC Docket No. 17–84; FCC 17–154]
                                                                                                      Michele Levy Berlove, Attorney                          any burdens caused thereby, please
                                           Accelerating Wireline Broadband                            Advisor, Wireline Competition Bureau,                   contact Nicole Ongele, Federal
                                           Deployment by Removing Barriers to                         at (202) 418–1477, or by email at                       Communications Commission, Room 1–
                                           Infrastructure Investment                                  Michele.Berlove@fcc.gov. For additional                 A620, 445 12th Street SW, Washington,
                                                                                                      information concerning the Paperwork                    DC 20554. Please include the OMB
                                           AGENCY:   Federal Communications                                                                                   Control Number, 3060–0149, in your
                                                                                                      Reduction Act information collection
                                           Commission.                                                                                                        correspondence. The Commission will
                                                                                                      requirements, contact Nicole Ongele at
                                           ACTION: Final rule; announcement of                        (202) 418–2991 or nicole.ongele@                        also accept your comments via email at
                                           effective date.                                            fcc.gov.                                                PRA@fcc.gov.
                                                                                                                                                                 To request materials in accessible
                                           SUMMARY:   In this document, the                           SUPPLEMENTARY INFORMATION: This                         formats for people with disabilities
                                           Commission announces that the Office                       document announces that, on May 1,                      (Braille, large print, electronic files,
                                           of Management and Budget (OMB) has                         2018, OMB approved, for a period of                     audio format), send an email to fcc504@
                                           approved, for a period of three years, the                 three years, the information collection                 fcc.gov or call the Consumer and
                                           information collection associated with                     requirements relating to certain
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                                                                                                                                                              Governmental Affairs Bureau at (202)
                                           the Commission’s discontinuance rules.                     discontinuance rules contained in the                   418–0530 (voice), (202) 418–0432
                                           This document is consistent with the                       Commission’s Accelerating Wireline                      (TTY).
                                           Accelerating Wireline Broadband                            Broadband Deployment by Removing
                                           Deployment by Removing Barriers to                         Barriers to Infrastructure Investment                   Synopsis
                                           Infrastructure Investment Report and                       Report and Order, Declaratory Ruling,                     As required by the Paperwork
                                           Order, Declaratory Ruling, and Further                     and Further Notice of Proposed                          Reduction Act of 1995 (44 U.S.C. 3507),


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Document Created: 2018-05-09 03:17:34
Document Modified: 2018-05-09 03:17:34
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 rule is effective on June 8, 2018.
ContactAdina Wiley, 214-665-2115, [email protected]
FR Citation83 FR 21178 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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