83_FR_6522 83 FR 6491 - Approval and Promulgation of Implementation Plans; Texas; Revisions to Permitting and Public Participation for Air Quality Permit Applications

83 FR 6491 - 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 31 (February 14, 2018)

Page Range6491-6493
FR Document2018-02891

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve four revisions to the Texas State Implementation Plan (SIP) 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 31 (Wednesday, February 14, 2018)
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Proposed Rules]
[Pages 6491-6493]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02891]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0124; FRL-9973-35--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: Proposed rule.

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

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

DATES: Written comments should be received on or before March 16, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0124, at http://www.regulations.gov or via email to 
wiley.adina@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Adina Wiley, 214-665-
2115, wiley.adina@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115, 
wiley.adina@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214-
665-7253.

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

I. Background

    The Act at Section 110(a)(2)(C) requires states to develop and 
submit to EPA for approval into the SIP, preconstruction review and 
permitting programs applicable to certain new and modified stationary 
sources of air pollutants for attainment and nonattainment areas that 
cover both major and minor new sources and modifications, collectively 
referred to as the NSR SIP. The CAA NSR SIP program is composed of 
three separate programs: Prevention of Significant Deterioration (PSD), 
Nonattainment New Source Review (NNSR), and Minor NSR. The EPA codified 
minimum requirements for these State permitting programs including 
public participation and notification requirements at 40 CFR 51.160-
51.164. Requirements specific to construction of new stationary sources 
and major modifications in nonattainment areas are codified at 40 CFR 
51.165 for the NNSR program. Requirements for permitting of new 
stationary sources and major modifications in attainment areas subject 
to PSD, including additional public participation requirements, are 
found at 40 CFR 51.166. This proposed approval action will address four 
separate revisions to the Texas NSR SIP submitted on December 12, 2016 
and February 21, 2017. On December 12, 2016, the Texas Commission on 
Environmental Quality (TCEQ) submitted a revision to the major NSR 
program to remove from the Texas SIP the Compliance History provisions 
at 30

[[Page 6492]]

TAC Sections 116.120-116.123, 116.125 and 116.126. On February 21, 
2017, the TCEQ submitted three separate revisions to the Texas SIP 
revising the public notice provisions applicable to air quality permit 
applications.

II. The EPA's Evaluation

    The accompanying Technical Support Documents for this action 
include a detailed analysis of the submitted revisions to the Texas 
SIP. In many instances the revisions are minor or non-substantive in 
nature and do not change the intent of the originally approved SIP 
requirements. Following is a summary of our analysis for the submitted 
revisions.

A. Evaluation of the Repeal of Chapter 116 Compliance History 
Requirements

    The Chapter 116 Compliance History provisions were initially 
adopted by the State on June 17, 1998, at 30 TAC Sections 116.120-
116.126. These revisions were submitted to the EPA as a SIP revision on 
July 22, 1998. The EPA approved these requirements into the SIP on 
September 18, 2002 at 67 FR 58697.
    The TCEQ repealed the requirements of 30 TAC Section 116.124 on 
September 2, 1999. The EPA approved this repeal on January 6, 2014 at 
79 FR 551. The TCEQ repealed the remaining provisions at 30 TAC 
Sections 116.120-116.123, 116.125 and 116.126 on August 7, 2002 and 
replaced the requirements with media neutral compliance history 
requirements under 30 TAC Chapter 60 pursuant to the requirements of 
Texas House Bill 2912. The TCEQ did not submit the repeal of 30 TAC 
Sections 116.120-116.123, 116.125 and 116.126 at the time of the state 
rulemaking. The repeal of these requirements was submitted on December 
12, 2016 as Rule Project Number 2016-028-SIP-NR.
    The repeal of the remaining compliance history provisions at 30 TAC 
Sections 116.120-116.123, 116.125 and 116.126 is approvable. This 
repeal was developed in accordance with the CAA and the State provided 
reasonable notice and public hearing. The repeal of these provisions 
will remove obsolete requirements from the Texas SIP. The EPA has 
determined it is appropriate to approve the repeal and removal of these 
provisions from the SIP since there are no federal requirements to 
include comparable provisions in a SIP. This repeal will have no 
negative impact on the Texas New Source Review program because the SIP-
approved permit programs do not rely on the repealed Compliance History 
provisions. Therefore, we conclude that this repeal maintains 
consistency with federal requirements for SIP development and New 
Source Review permitting, and therefore, will not interfere with 
attainment or reasonable further progress.

B. Evaluation of the Revisions to Texas Public Notice Requirements

    On February 21, 2017, the TCEQ submitted three separate revisions 
to the Texas SIP revising the public notice provisions applicable to 
air quality permit applications. The revisions to 30 TAC Chapters 39 
and 55 submitted under Rule Project No 2015-018-080-LS make non-
substantive revisions to the existing SIP requirements. The revisions 
to repeal the Chapter 116 public notice provisions submitted under Rule 
Project No. 2016-026-116-AI remove obsolete requirements that have been 
replaced with the existing SIP public notice provisions in Chapter 39. 
The revisions to 30 TAC Chapter 39 and 55 submitted under Rule Project 
No. 2016-030-039-LS substantively revise the existing public notice SIP 
requirements for concrete batch plant standard permits such that the 
notice requirements are consolidated into one 30-day notice period that 
satisfies the requirements of minor NSR public participation. The EPA 
has determined it is appropriate to approve these three revisions to 
the Texas SIP because these revisions continue to be consistent with 
federal requirements for public notice and therefore, will not 
interfere with attainment or reasonable further progress.

III. Proposed Action

    We are proposing to approve 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 with the CAA and EPA's regulations, policy and guidance for 
NSR permitting. Therefore, under section 110 of the Act, the EPA 
proposes approval of 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 proposes to approve 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 propose to revise the amendatory language at 40 CFR 
52.2270(c) to identify specific provisions adopted by the State were 
not submitted for inclusion in the Texas SIP. We propose to revise 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.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference 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 
or at the EPA

[[Page 6493]]

Region 6 Office (please contact Adina Wiley for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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).

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.

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

    Dated: February 7, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-02891 Filed 2-13-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                     Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules                                            6491

                                                 security staff in order to gain access to               HQ–OAR–2016–0347 (available at                        wiley.adina@epa.gov. For the full EPA
                                                 the meeting room. The REAL ID Act,                      http://www.regulations.gov). The EPA                  public comment policy, information
                                                 passed by Congress in 2005, established                 has made available information related                about CBI or multimedia submissions,
                                                 new requirements for entering federal                   to the proposed action at this website:               and general guidance on making
                                                 facilities. These requirements took effect              https://www.epa.gov/ozone-pollution/                  effective comments, please visit http://
                                                 July 21, 2014. If your driver’s license is              connecticut-126-petition.                             www2.epa.gov/dockets/commenting-
                                                 issued by the states of Michigan,                                                                             epa-dockets.
                                                                                                         Panagiotis E. Tsirigotis,
                                                 Minnesota, New York, Vermont or                                                                                  Docket: The index to the docket for
                                                 Washington, you must present an                         Director, Office of Air Quality Planning and          this action is available electronically at
                                                                                                         Standards.
                                                 additional form of identification to enter                                                                    www.regulations.gov and in hard copy
                                                 the federal building where the public                   [FR Doc. 2018–03171 Filed 2–13–18; 8:45 am]
                                                                                                                                                               at EPA Region 6, 1445 Ross Avenue,
                                                 hearing will be held. Acceptable                        BILLING CODE 6560–50–P                                Suite 700, Dallas, Texas. While all
                                                 alternative forms of identification                                                                           documents in the docket are listed in
                                                 include: Federal employee badges,                                                                             the index, some information may be
                                                 passports, enhanced driver’s licenses                   ENVIRONMENTAL PROTECTION                              publicly available only at the hard copy
                                                 and military identification cards. For                  AGENCY                                                location (e.g., copyrighted material), and
                                                 additional information for the status of                                                                      some may not be publicly available at
                                                                                                         40 CFR Part 52
                                                 your state regarding REAL ID, go to                                                                           either location (e.g., CBI).
                                                 http://www.dhs.gov/real-id-                             [EPA–R06–OAR–2017–0124; FRL–9973–                     FOR FURTHER INFORMATION CONTACT:
                                                 enforcement-brief. In addition, you will                35—Region 6]
                                                                                                                                                               Adina Wiley, 214–665–2115,
                                                 need to obtain a property pass for any                                                                        wiley.adina@epa.gov. To inspect the
                                                 personal belongings you bring with you.                 Approval and Promulgation of
                                                                                                         Implementation Plans; Texas;                          hard copy materials, please schedule an
                                                 Upon leaving the building, you will be                                                                        appointment with Ms. Adina Wiley or
                                                 required to return this property pass to                Revisions to Permitting and Public
                                                                                                         Participation for Air Quality Permit                  Mr. Bill Deese at 214–665–7253.
                                                 the security desk. No large signs will be
                                                                                                         Applications                                          SUPPLEMENTARY INFORMATION:
                                                 allowed in the building, and
                                                 demonstrations will not be allowed on                                                                         Throughout this document ‘‘we,’’ ‘‘us,’’
                                                                                                         AGENCY:  Environmental Protection                     and ‘‘our’’ means the EPA.
                                                 federal property for security reasons.                  Agency (EPA).
                                                    If you would like to present oral                                                                          I. Background
                                                                                                         ACTION: Proposed rule.
                                                 testimony at the hearing, please notify
                                                 Ms. Pamela Long, U.S. Environmental                                                                             The Act at Section 110(a)(2)(C)
                                                                                                         SUMMARY:    Pursuant to the Federal Clean             requires states to develop and submit to
                                                 Protection Agency, OAQPS, Air Quality                   Air Act (CAA or the Act), the
                                                 Planning Division, (C504–01), Research                                                                        EPA for approval into the SIP,
                                                                                                         Environmental Protection Agency (EPA)                 preconstruction review and permitting
                                                 Triangle Park, NC 27711, telephone                      is proposing to approve four revisions to
                                                 (919) 541–0641, fax number (919) 541–                                                                         programs applicable to certain new and
                                                                                                         the Texas State Implementation Plan                   modified stationary sources of air
                                                 5509, email address long.pam@epa.gov,                   (SIP) on December 12, 2016 and
                                                 no later than 4:00 p.m. ET on February                                                                        pollutants for attainment and
                                                                                                         February 21, 2017, specific to air quality            nonattainment areas that cover both
                                                 21, 2018. Ms. Long will arrange a                       permitting and public notice for air
                                                 general time slot for you to speak. The                                                                       major and minor new sources and
                                                                                                         quality permit applications.                          modifications, collectively referred to as
                                                 EPA will make every effort to follow the
                                                                                                         DATES: Written comments should be                     the NSR SIP. The CAA NSR SIP
                                                 schedule as closely as possible on the
                                                                                                         received on or before March 16, 2018.                 program is composed of three separate
                                                 day of the hearing.
                                                    Oral testimony will be limited to 5                  ADDRESSES: Submit your comments,                      programs: Prevention of Significant
                                                 minutes for each commenter. The EPA                     identified by Docket No. EPA–R06–                     Deterioration (PSD), Nonattainment
                                                 encourages commenters to provide the                    OAR–2017–0124, at http://                             New Source Review (NNSR), and Minor
                                                 EPA with a copy of their oral testimony                 www.regulations.gov or via email to                   NSR. The EPA codified minimum
                                                 electronically (via email) or in hard                   wiley.adina@epa.gov. Follow the online                requirements for these State permitting
                                                 copy form. The EPA will not provide                     instructions for submitting comments.                 programs including public participation
                                                 audiovisual equipment for presentations                 Once submitted, comments cannot be                    and notification requirements at 40 CFR
                                                 unless we receive special requests in                   edited or removed from Regulations.gov.               51.160–51.164. Requirements specific to
                                                 advance. Commenters should notify Ms.                   The EPA may publish any comment                       construction of new stationary sources
                                                 Long if they will need specific                         received to its public docket. Do not                 and major modifications in
                                                 equipment. Commenters should also                       submit electronically any information                 nonattainment areas are codified at 40
                                                 notify Ms. Long if they need specific                   you consider to be Confidential                       CFR 51.165 for the NNSR program.
                                                 translation services for non-English                    Business Information (CBI) or other                   Requirements for permitting of new
                                                 speaking commenters.                                    information whose disclosure is                       stationary sources and major
                                                    The hearing schedule, including the                  restricted by statute. Multimedia                     modifications in attainment areas
                                                 list of speakers, will be posted on the                 submissions (audio, video, etc.) must be              subject to PSD, including additional
                                                 EPA’s Web at site https://www.epa.gov/                  accompanied by a written comment.                     public participation requirements, are
                                                 ozone-pollution/connecticut-126-                        The written comment is considered the                 found at 40 CFR 51.166. This proposed
                                                 petition prior to the hearing. Verbatim                 official comment and should include                   approval action will address four
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                                                 transcripts of the hearing and written                  discussion of all points you wish to                  separate revisions to the Texas NSR SIP
                                                 statements will be included in the                      make. The EPA will generally not                      submitted on December 12, 2016 and
                                                 docket for the action.                                  consider comments or comment                          February 21, 2017. On December 12,
                                                                                                         contents located outside of the primary               2016, the Texas Commission on
                                                 How can I get copies of this document                   submission (i.e., on the web, cloud, or               Environmental Quality (TCEQ)
                                                 and other related information?                          other file sharing system). For                       submitted a revision to the major NSR
                                                   The EPA has established a docket for                  additional submission methods, please                 program to remove from the Texas SIP
                                                 this action under Docket ID No. EPA–                    contact Adina Wiley, 214–665–2115,                    the Compliance History provisions at 30


                                            VerDate Sep<11>2014   19:09 Feb 13, 2018   Jkt 244001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\14FEP1.SGM   14FEP1


                                                 6492                Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules

                                                 TAC Sections 116.120–116.123, 116.125                   requirements for SIP development and                     • Repeal of 30 TAC Section 116.125—
                                                 and 116.126. On February 21, 2017, the                  New Source Review permitting, and                     Preservation of Existing Rights and
                                                 TCEQ submitted three separate                           therefore, will not interfere with                    Procedures—adopted on November 2,
                                                 revisions to the Texas SIP revising the                 attainment or reasonable further                      2016, and submitted on December 12,
                                                 public notice provisions applicable to                  progress.                                             2016; and
                                                 air quality permit applications.                                                                                 • Repeal of 30 TAC Section 116.126—
                                                                                                         B. Evaluation of the Revisions to Texas
                                                                                                                                                               Voidance of Permit Applications—
                                                 II. The EPA’s Evaluation                                Public Notice Requirements
                                                                                                                                                               adopted on November 2, 2016, and
                                                    The accompanying Technical Support                      On February 21, 2017, the TCEQ                     submitted on December 12, 2016.
                                                 Documents for this action include a                     submitted three separate revisions to the                Additionally, we have determined
                                                 detailed analysis of the submitted                      Texas SIP revising the public notice                  that the revisions submitted on February
                                                 revisions to the Texas SIP. In many                     provisions applicable to air quality                  21, 2017, were developed in accordance
                                                 instances the revisions are minor or                    permit applications. The revisions to 30              with the CAA and EPA’s regulations,
                                                 non-substantive in nature and do not                    TAC Chapters 39 and 55 submitted                      policy and guidance for public notice
                                                 change the intent of the originally                     under Rule Project No 2015–018–080–                   for air permitting. Under section 110 of
                                                 approved SIP requirements. Following                    LS make non-substantive revisions to                  the Act, the EPA proposes to approve
                                                 is a summary of our analysis for the                    the existing SIP requirements. The                    the following revisions into the Texas
                                                 submitted revisions.                                    revisions to repeal the Chapter 116                   SIP:
                                                 A. Evaluation of the Repeal of Chapter                  public notice provisions submitted                       • Revisions to 30 TAC Section 39.405
                                                 116 Compliance History Requirements                     under Rule Project No. 2016–026–116–                  adopted on December 9, 2015, and
                                                                                                         AI remove obsolete requirements that                  submitted on February 21, 2017;
                                                    The Chapter 116 Compliance History                   have been replaced with the existing SIP                 • Revisions to 30 TAC Section 39.411
                                                 provisions were initially adopted by the                public notice provisions in Chapter 39.               adopted on December 7, 2016, and
                                                 State on June 17, 1998, at 30 TAC                       The revisions to 30 TAC Chapter 39 and                submitted on February 21, 2017;
                                                 Sections 116.120–116.126. These                         55 submitted under Rule Project No.                      • Revisions to 30 TAC Section 39.419
                                                 revisions were submitted to the EPA as                  2016–030–039–LS substantively revise                  adopted on December 9, 2015, and
                                                 a SIP revision on July 22, 1998. The EPA                the existing public notice SIP                        submitted on February 21, 2017;
                                                 approved these requirements into the                    requirements for concrete batch plant                    • Revisions to 30 TAC Section 39.603
                                                 SIP on September 18, 2002 at 67 FR                      standard permits such that the notice                 adopted on December 7, 2016, and
                                                 58697.                                                  requirements are consolidated into one                submitted on February 21, 2017;
                                                    The TCEQ repealed the requirements                   30-day notice period that satisfies the                  • Revisions to 30 TAC Section 55.152
                                                 of 30 TAC Section 116.124 on                            requirements of minor NSR public                      adopted on December 7, 2016, and
                                                 September 2, 1999. The EPA approved                     participation. The EPA has determined                 submitted on February 21, 2017;
                                                 this repeal on January 6, 2014 at 79 FR                 it is appropriate to approve these three                 • Withdrawal of 30 TAC Section
                                                 551. The TCEQ repealed the remaining                    revisions to the Texas SIP because these              55.156(e) from the Texas SIP as adopted
                                                 provisions at 30 TAC Sections 116.120–                  revisions continue to be consistent with              on December 9, 2015, and submitted on
                                                 116.123, 116.125 and 116.126 on August                  federal requirements for public notice                February 21, 2017; and the
                                                 7, 2002 and replaced the requirements                   and therefore, will not interfere with                   • Repeal of 30 TAC Sections 116.130–
                                                 with media neutral compliance history                   attainment or reasonable further                      116.134, 116.136, and 116.137 from the
                                                 requirements under 30 TAC Chapter 60                    progress.                                             Texas SIP as adopted on November 2,
                                                 pursuant to the requirements of Texas                                                                         2016 and submitted on February 21,
                                                 House Bill 2912. The TCEQ did not                       III. Proposed Action                                  2017.
                                                 submit the repeal of 30 TAC Sections                       We are proposing to approve revisions                 We also propose to revise the
                                                 116.120–116.123, 116.125 and 116.126                    to the Texas SIP that revise the NSR                  amendatory language at 40 CFR
                                                 at the time of the state rulemaking. The                permitting and public notice                          52.2270(c) to identify specific
                                                 repeal of these requirements was                        requirements. We have determined that                 provisions adopted by the State were
                                                 submitted on December 12, 2016 as Rule                  the revisions submitted on December                   not submitted for inclusion in the Texas
                                                 Project Number 2016–028–SIP–NR.                         12, 2016 were developed in accordance                 SIP. We propose to revise the language
                                                    The repeal of the remaining                          with the CAA and EPA’s regulations,                   at 40 CFR 52.2270(c) to clearly indicate
                                                 compliance history provisions at 30                     policy and guidance for NSR permitting.               that the Texas SIP does not include the
                                                 TAC Sections 116.120–116.123, 116.125                   Therefore, under section 110 of the Act,              revisions to 30 TAC Sections
                                                 and 116.126 is approvable. This repeal                  the EPA proposes approval of the                      39.405(h(1)(A) and 39.602(c) as adopted
                                                 was developed in accordance with the                    following revisions to the Texas SIP:                 on December 9, 2015, or 30 TAC Section
                                                 CAA and the State provided reasonable                      • Repeal of 30 TAC Section 116.120—                39.411(e)(10) as adopted on December 7,
                                                 notice and public hearing. The repeal of                Applicability—adopted on November 2,                  2016.
                                                 these provisions will remove obsolete                   2016, and submitted on December 12,
                                                 requirements from the Texas SIP. The                                                                          IV. Incorporation by Reference
                                                                                                         2016;
                                                 EPA has determined it is appropriate to                    • Repeal of 30 TAC Section 116.121—                  In this rule, the EPA is proposing to
                                                 approve the repeal and removal of these                 Exemptions—adopted on November 2,                     include in a final rule regulatory text
                                                 provisions from the SIP since there are                 2016, and submitted on December 12,                   that includes incorporation by
                                                 no federal requirements to include                      2016;                                                 reference. In accordance with
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                                                 comparable provisions in a SIP. This                       • Repeal of 30 TAC Section 116.122—                requirements of 1 CFR 51.5, the EPA is
                                                 repeal will have no negative impact on                  Contents of Compliance History—                       proposing to incorporate by reference
                                                 the Texas New Source Review program                     adopted on November 2, 2016, and                      the revisions to the Texas regulations as
                                                 because the SIP-approved permit                         submitted on December 12, 2016;                       described in the Final Action section
                                                 programs do not rely on the repealed                       • Repeal of 30 TAC Section 116.123—                above. The EPA has made, and will
                                                 Compliance History provisions.                          Effective Dates—adopted on November                   continue to make, these materials
                                                 Therefore, we conclude that this repeal                 2, 2016, and submitted on December 12,                generally available through
                                                 maintains consistency with federal                      2016;                                                 www.regulations.gov or at the EPA


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                                                                     Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules                                                   6493

                                                 Region 6 Office (please contact Adina                   or in any other area where EPA or an                  Business Information (CBI) or other
                                                 Wiley for more information).                            Indian tribe has demonstrated that a                  information whose disclosure is
                                                                                                         tribe has jurisdiction. In those areas of             restricted by statute. Multimedia
                                                 V. Statutory and Executive Order
                                                                                                         Indian country, the rule does not have                submissions (audio, video, etc.) must be
                                                 Reviews
                                                                                                         tribal implications and will not impose               accompanied by a written comment.
                                                    Under the CAA, the Administrator is                  substantial direct costs on tribal                    The written comment is considered the
                                                 required to approve a SIP submission                    governments or preempt tribal law as                  official comment and should include
                                                 that complies with the provisions of the                specified by Executive Order 13175 (65                discussion of all points you wish to
                                                 Act and applicable Federal regulations.                 FR 67249, November 9, 2000).                          make. The EPA will generally not
                                                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                           consider comments or comment
                                                 Thus, in reviewing SIP submissions, the                 List of Subjects in 40 CFR Part 52                    contents located outside of the primary
                                                 EPA’s role is to approve state choices,                   Environmental protection, Air                       submission (i.e., on the web, cloud, or
                                                 provided that they meet the criteria of                 pollution control, Incorporation by                   other file sharing system). For
                                                 the CAA. Accordingly, this action                       reference, Nitrogen dioxide, Ozone,                   additional submission methods, please
                                                 merely proposes to approve state law as                 Particulate matter, Reporting and                     contact Carl Young, 214–665–6645,
                                                 meeting Federal requirements and does                   recordkeeping requirements, Sulfur                    young.carl@epa.gov. For the full EPA
                                                 not impose additional requirements                      oxides, Volatile organic compounds.                   public comment policy, information
                                                 beyond those imposed by state law. For                    Authority: 42 U.S.C. 7401 et seq.                   about CBI or multimedia submissions,
                                                 that reason, this action:                                                                                     and general guidance on making
                                                    • Is not a ‘‘significant regulatory                    Dated: February 7, 2018.                            effective comments, please visit http://
                                                 action’’ subject to review by the Office                Anne Idsal,                                           www2.epa.gov/dockets/commenting-
                                                 of Management and Budget under                          Regional Administrator, Region 6.                     epa-dockets.
                                                 Executive Orders 12866 (58 FR 51735,                    [FR Doc. 2018–02891 Filed 2–13–18; 8:45 am]              Docket: The index to the docket for
                                                 October 4, 1993) and 13563 (76 FR 3821,                 BILLING CODE 6560–50–P                                this action is available electronically at
                                                 January 21, 2011);                                                                                            www.regulations.gov and in hard copy
                                                    • Is not an Executive Order 13771 (82                                                                      at the EPA Region 6, 1445 Ross Avenue,
                                                 FR 9339, February 2, 2017) regulatory                   ENVIRONMENTAL PROTECTION                              Suite 700, Dallas, Texas. While all
                                                 action because SIP approvals are                        AGENCY                                                documents in the docket are listed in
                                                 exempted under Executive Order 12866;                                                                         the index, some information may be
                                                    • Does not impose an information                     40 CFR Part 52                                        publicly available only at the hard copy
                                                 collection burden under the provisions                  [EPA–R06–OAR–2016–0716; FRL–9973–                     location (e.g., copyrighted material), and
                                                 of the Paperwork Reduction Act (44                      42—Region 6]                                          some may not be publicly available at
                                                 U.S.C. 3501 et seq.);                                                                                         either location (e.g., CBI).
                                                    • Is certified as not having a                       Approval and Promulgation of                          FOR FURTHER INFORMATION CONTACT: Carl
                                                 significant economic impact on a                        Implementation Plans; Texas;                          Young, 214–665–6645, young.carl@
                                                 substantial number of small entities                    Interstate Transport Requirements for                 epa.gov. To inspect the hard copy
                                                 under the Regulatory Flexibility Act (5                 the 1997 and 2006 PM2.5 NAAQS                         materials, please schedule an
                                                 U.S.C. 601 et seq.);                                                                                          appointment with Mr. Young or Mr. Bill
                                                    • Does not contain any unfunded                      AGENCY:  Environmental Protection
                                                                                                         Agency (EPA).                                         Deese at 214–665–7253.
                                                 mandate or significantly or uniquely                                                                          SUPPLEMENTARY INFORMATION:
                                                 affect small governments, as described                  ACTION: Proposed rule.
                                                                                                                                                               Throughout this document wherever
                                                 in the Unfunded Mandates Reform Act                     SUMMARY:   Pursuant to the Federal Clean              ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                 of 1995 (Pub. L. 104–4);                                Air Act (CAA or Act), the                             the EPA.
                                                    • Does not have Federalism                           Environmental Protection Agency (EPA)
                                                 implications as specified in Executive                                                                        I. Background
                                                                                                         is proposing to approve portions of
                                                 Order 13132 (64 FR 43255, August 10,                    three Texas State Implementation Plan                 A. The PM2.5 NAAQS and Interstate
                                                 1999);                                                  (SIP) submittals pertaining to CAA                    Transport of Air Pollution
                                                    • Is not an economically significant
                                                                                                         requirements to prohibit emissions                      Under section 109 of the CAA, we
                                                 regulatory action based on health or
                                                                                                         which will significantly contribute to                establish NAAQS to protect human
                                                 safety risks subject to Executive Order
                                                                                                         nonattainment or interfere with                       health and public welfare. In 1997, we
                                                 13045 (62 FR 19885, April 23, 1997);
                                                    • Is not a significant regulatory action             maintenance of the 1997 and 2006 fine                 established a new annual NAAQS for
                                                 subject to Executive Order 13211 (66 FR                 particulate matter (PM2.5) National                   PM2.5 of 15 micrograms per cubic meter
                                                 28355, May 22, 2001);                                   Ambient Air Quality Standards                         (mg/m3), and a new 24-hour NAAQS for
                                                    • Is not subject to requirements of                  (NAAQS) in other states.                              PM2.5 of 65 mg/m3 (62 FR 38652, July 18,
                                                 section 12(d) of the National                           DATES: Written comments must be                       1997). In 2006, we revised the 24-hour
                                                 Technology Transfer and Advancement                     received on or before March 16, 2018.                 PM2.5 NAAQS to 35 mg/m3 (71 FR
                                                 Act of 1995 (15 U.S.C. 272 note) because                ADDRESSES: Submit your comments,                      61144, October 17, 2006).1 The CAA
                                                 application of those requirements would                 identified by Docket No. EPA–R06–                     requires states to submit, within three
                                                 be inconsistent with the CAA; and                       OAR–2016–0716, at http://                             years after promulgation of a new or
                                                    • Does not provide EPA with the                      www.regulations.gov or via email to                   revised standard, SIPs meeting the
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 discretionary authority to address, as                  young.carl@epa.gov. Follow the online                 applicable ‘‘infrastructure’’ elements of
                                                 appropriate, disproportionate human                     instructions for submitting comments.                 sections 110(a)(1) and (2). One of these
                                                 health or environmental effects, using                  Once submitted, comments cannot be                    applicable infrastructure elements, CAA
                                                 practicable and legally permissible                     edited or removed from Regulations.gov.               section 110(a)(2)(D)(i), requires SIPs to
                                                 methods, under Executive Order 12898                    The EPA may publish any comment                         1 In 2012, we revised the annual PM
                                                                                                                                                                                                     2.5 NAAQS
                                                 (59 FR 7629, February 16, 1994).                        received to its public docket. Do not                 to 12 mg/m3 (78 FR 3086, January 15, 2013). This
                                                    In addition, the SIP is not approved                 submit electronically any information                 proposal pertains to the 1997 and 2006 PM2.5
                                                 to apply on any Indian reservation land                 you consider to be Confidential                       NAAQS only.



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Document Created: 2018-02-14 03:59:46
Document Modified: 2018-02-14 03:59:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments should be received on or before March 16, 2018.
ContactAdina Wiley, 214-665-2115, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214- 665-7253.
FR Citation83 FR 6491 
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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