Approval and Promulgation of Implementation Plans; Texas; Procedures for Stringency Determinations and Minor Permit Revisions for Federal Operating Permits, 55221-55225 [2013-21868]
Download as PDF
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 165 as follows:
then south west to shore at 41°49′43″ N,
87°36′02″ W, then southeast along the
shoreline to the point of origin (NAD
83).
(b) Effective and enforcement period.
This section is effective and will be
enforced from 10:30 a.m. until 4 p.m. on
September 21, 2013.
(c) Regulations. (1) Under the general
regulations in § 165.23, entry into,
transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port,
Lake Michigan or his designated onscene representative.
(2) The safety zone described in
paragraph (a) of this section is closed to
all vessel traffic, except as may be
permitted by the Captain of the Port,
Lake Michigan or his designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port,
Lake Michigan to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Lake
Michigan or his on-scene representative
to obtain permission to do so. The
Captain of the Port, Lake Michigan or
his on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port, Lake Michigan, or
his on-scene representative.
Dated: August 22, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2013–21925 Filed 9–9–13; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0685 to read as
follows:
■
rmajette on DSK2TPTVN1PROD with RULES
§ 165.T09–0685 Safety Zone; Red Bull
Flugtag, Chicago, IL.
(a) Location. This safety zone will
encompass all waters of Lake Michigan
in the vicinity of Burnham Park, within
an imaginary box bounded by the
following points: beginning on shore at
41°49′38″ N, 87°35′56″ W, then north
east to 41°49′39″ N, 87°35′54″ W, then
north west to 41°49′44″ N, 87°35′59″ W,
VerDate Mar<15>2010
14:54 Sep 09, 2013
Jkt 229001
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0335; FRL–9900–82–
Region6]
Approval and Promulgation of
Implementation Plans; Texas;
Procedures for Stringency
Determinations and Minor Permit
Revisions for Federal Operating
Permits
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking a direct final
action to approve portions of three
SUMMARY:
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
55221
revisions to the Texas State
Implementation Plan (SIP) concerning
the Texas Federal Operating Permits
Program. EPA has determined that these
SIP revisions, submitted on December
17, 1999, October 4, 2001 and August
11, 2003, comply with the Clean Air Act
and EPA regulations and are consistent
with EPA policies. This action is being
taken under section 110 of the Act.
DATES: This direct final rule is effective
on November 12, 2013 without further
notice, unless EPA receives relevant
adverse comment by October 10, 2013.
If EPA receives such comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2010–0335, by one of the
following methods:
(1) www.regulations.gov: Follow the
on-line instructions for submitting
comments.
(2) Email: Ms. Adina Wiley at
wiley.adina@epa.gov.
(3) Fax: Ms. Adina Wiley, Air Permits
Section (6PD–R), at fax number 214–
665–6762.
(4) Mail or Delivery: Ms. Adina Wiley,
Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2010–
0335. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through https://www.regulations.gov or
email, if you believe that it is CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means that EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to EPA without going
through https://www.regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment along with any disk or CD–
E:\FR\FM\10SER1.SGM
10SER1
rmajette on DSK2TPTVN1PROD with RULES
55222
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations
ROM submitted. If EPA cannot read
your comment due to technical
difficulties and cannot contact you for
clarification, EPA may not be able to
consider your comment. Electronic files
should avoid the use of special
characters and any form of encryption
and should be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information the disclosure of which is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. A 15 cent
per page fee will be charged for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area on the seventh
floor at 1445 Ross Avenue, Suite 700,
Dallas, Texas.
The State submittals related to this
SIP revision, and which is part of the
EPA docket, is also available for public
inspection at the State Air Agency listed
below during official business hours by
appointment:
Texas Commission on Environmental
Quality, Office of Air Quality, 12124
Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning today’s
direct final action, please contact Ms.
Adina Wiley (6PD–R), Air Permits
Section, Environmental Protection
Agency, Region 6, 1445 Ross Avenue
(6PD–R), Suite 1200, Dallas, Texas
75202–2733, telephone (214) 665–2115;
fax number (214) 665–6762; email
address wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
VerDate Mar<15>2010
14:54 Sep 09, 2013
Jkt 229001
Table of Contents
I. What action is EPA taking?
II. What did Texas submit?
A. Stringency Determinations for Federal
Operating Permits at 30 TAC 101.28
B. Minor Permit Revisions Procedures for
Federal Operating Permits at 30 TAC
122.215–122.218
III. EPA’s Evaluation
IV. Final Action
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is taking a direct final action to
approve portions of three revisions to
the Texas State Implementation Plan
(SIP) concerning the Texas Federal
Operating Permits Program. EPA has
determined that these SIP revisions,
submitted on December 17, 1999,
October 4, 2001 and August 11, 2003,
comply with the Clean Air Act and EPA
regulations and are consistent with EPA
policies. This action is being taken
under section 110 of the Act.
We are publishing this rule without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no relevant adverse
comments. As explained in our
accompanying technical support
documents (TSD), we are finding this
action noncontroversial because the
provisions for the Stringency
Determination for Federal Operating
Permits at 30 TAC 101.28 have been in
effect in Texas since December 23, 1999,
and the minor permit revision
procedures for the Texas Federal
Operating Permit Program have been in
effect in Texas since June 3, 2001 and
December 11, 2002, without any
negative impact to attainment or
maintenance of any National Ambient
Air Quality Standard in Texas.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on November 12, 2013
without further notice unless we receive
relevant adverse comment by October
10, 2013. If we receive relevant adverse
comments, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. We will address all
public comments in a subsequent final
rule based on the proposed rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, we may adopt as
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
final those provisions of the rule that are
not the subject of an adverse comment.
II. What did Texas submit?
A. Stringency Determinations for
Federal Operating Permits at 30 TAC
101.28
December 17, 1999 SIP Submittal
In a letter dated December 17, 1999,
Governor George W. Bush submitted
revisions to the Texas SIP at Rule Log
No. 99017–101–AI that were adopted by
the Texas Natural Resources
Conservation Commission (TNRCC) on
December 1, 1999, and became effective
on December 23, 1999.1 This SIP
submittal included revisions to the
following parts of the Texas
Administrative Code, Title 30, Chapter
101:
1. Revisions to the General Air
Quality Definitions at 30 TAC 101.1;
2. Revisions to Emissions Inventory
Requirements at 30 TAC 101.10;
3. New provisions for Stringency
Determinations for Federal Operating
Permits at 30 TAC 101.28; and
4. Revisions to Conformity of General
Federal and State Actions to State
Implementation Plans at 30 TAC 101.30.
Today’s direct final action and
accompanying proposal only addresses
the submittal of 30 TAC 101.28. The
revisions to the General Air Quality
Definitions at 30 TAC 101.1 were
superceded by EPA’s November 14,
2001 approval of the Definitions
adopted on September 26, 2001. See 66
FR 57252. EPA approved the revisions
to the Emissions Inventory
Requirements at 30 TAC 101.10 and the
revisions to Conformity of General
Federal and State Actions to State
Implementation Plans at 30 TAC 101.30
on July 23, 2010. See 75 FR 43062. This
review will be the first time EPA has
evaluated and taken action on the
December 17, 1999, submittal of 30 TAC
101.28. TCEQ has made no revisions to
30 TAC 101.28 since the initial adoption
and submittal of the regulatory language
as a SIP revision.
B. Minor Permit Revisions Procedures
for Federal Operating Permits Program
at 30 TAC 122.215–122.218
The permitting provisions for minor
permit revisions in the Texas Federal
Operating Permits Program are found at
1 Note that the Texas Natural Resource
Conservation Commission (TNRCC) was a
predecessor to the current Texas environmental
agency, the Texas Commission on Environmental
Quality. This analysis will identify the TNRCC
when talking about a specific action taken by the
TNRCC such as rule adoption and SIP submittal,
but will generally refer to the TCEQ when
discussing current duties of the state environmental
agency.
E:\FR\FM\10SER1.SGM
10SER1
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations
rmajette on DSK2TPTVN1PROD with RULES
30 TAC 122.215–122.218. These
provisions generally identify what
permitting actions constitute a minor
permit revision and detail the
application procedures for said minor
permit revisions under the Texas
Federal Operating Permits Program. The
TCEQ initially adopted the revisions at
30 TAC 122.215–122.218 in response to
our June 7, 1995, Federal Register
notice (60 FR 30037), where EPA
identified several inconsistencies
between Texas’s Chapter 122 Federal
Operating Permits Program and Part 70,
including the provisions for minor
permit revisions. TCEQ amended 30
TAC 122.215–122.218 to ensure Chapter
122 is consistent with 40 CFR
70.7(e)(2)(i). These amendments were
adopted by the state on May 9, 2001,
and submitted to EPA for inclusion in
the Texas Title V Operating Permit
program on May 30, 2001. EPA
published approval of these revisions
into the Federal Operating Permit
program on December 6, 2001 (66 FR
63318), based on our determination that
TCEQ had corrected the deficiencies
identified in Chapter 122, including
those pertaining to the minor permit
revisions. TCEQ subsequently adopted
amendments to 30 TAC 122.217
regarding minor permit procedures on
November 20, 2002. These amendments
removed an obsolete reference to the
monitoring process for general operating
permits and renumbered the section for
consistency. These amendments to 30
TAC 122.217 were submitted to EPA as
revisions to the Texas Title V Operating
Permit Program on December 9, 2002.
EPA published approval of these
revisions into the Federal Operating
Permit program on March 30, 2005 (70
FR 16134).
While EPA has reviewed and
approved the amendments to sections
30 TAC 122.215–122.218 into the Texas
Operating Permit Program, this review
marks the first time that EPA has taken
action on these sections as revisions to
the Texas SIP. In doing so, we are acting
on the original SIP submission of
October 4, 2001, and the subsequent
revisions through the August 11, 2003
SIP submittal.
October 4, 2001 SIP Revision Submittal
In a letter dated October 4, 2001,
Governor Rick Perry submitted revisions
to the Texas SIP at Rule Log No. 2000–
043–122–AI that were adopted by the
TNRCC on May 9, 2001, and became
effective on June 3, 2001. The following
parts of the Texas Administrative Code,
Title 30, Chapter 122 were submitted in
this SIP submittal. Note that no other
revisions were adopted or submitted to
the Texas SIP in this rule package.
VerDate Mar<15>2010
14:54 Sep 09, 2013
Jkt 229001
1. Minor permit revisions at 30 TAC
122.215,
2. Applications for Minor Permit
Revisions at 30 TAC 122.216,
3. Procedures for Minor Permit
Revisions at 30 TAC 122.217, and
4. Minor Permit Revision Procedures
for Permit Revisions Involving the Use
of Economic Incentives, Marketable
Permits and Emissions Trading at 30
TAC 122.218.
August 11, 2003 SIP Revision Submittal
In a letter dated August 11, 2003, Mr.
Robert J. Huston, Chairman of the
TNRCC, submitted revisions to the
Texas SIP at Rule Log No. 2002–056–
122–AI for 30 TAC 122.217—Procedures
for Minor Permit Revision. The revision
to 30 TAC 122.217 was adopted by the
TNRCC on November 20, 2002, and
became effective on December 11, 2002.
Note that no other revisions were
adopted or submitted to the Texas SIP
in this rule package.
III. EPA’s Evaluation
We provide our evaluation for this
rulemaking in this section. Additional
information to support our evaluation is
available in the TSDs for this
rulemaking, which are available in the
rulemaking docket.
December 17, 1999 Submittal of 30 TAC
101.28
The TCEQ adopted these provisions
as a result of the guidance provided by
EPA in our March 5, 1996 ‘‘White Paper
Number 2 for Improved Implementation
of the Part 70 Operating Permits
Program’’ (WP2). In WP2, EPA explains
that EPA and the state permitting
authorities have developed different and
often overlapping applicable
requirements for stationary source
control. This results in some emissions
units at stationary sources being
subjected to multiple requirements—
some of which may be duplicative or
contradictory. To reduce the permit
burden on the sources, the state
permitting authorities, and the EPA
Regional Offices, EPA provided
guidance in WP2 on how best to
streamline these multiple requirements
into one requirement that is at least as
stringent as the most stringent limit.
Generally, the streamlined monitoring,
recordkeeping, and reporting
requirements would generally be those
associated with the most stringent
emission limit, providing that the
streamlined requirements would assure
compliance to the same extent as the
subsumed requirements.
EPA finds that the new provisions
adopted at 30 TAC 101.28 are
substantively similar to the guidance
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
55223
provided to states in WP2. As such, the
stringency determination provisions are
approvable.
October 4, 2001 and August 11, 2003
Submittal of 30 TAC 122.215–122.218
Because of the different CAA
requirements and authorizations
surrounding each program, EPA
generally prefers to not approve a state’s
Title V permitting provisions into the
applicable SIP. However, there are
instances where approving a portion of
the Title V program into the SIP is
appropriate and necessary to ensure
proper functionality for both the Title I
and V permitting programs. For
instance, EPA approved the ‘‘potential
to emit’’ provisions at 30 TAC 122.122
into the Texas SIP on November 14,
2003 (see 68 FR 64543). In this instance,
EPA required TCEQ to revise the
‘‘potential to emit’’ provisions through
our January 7, 2002, Notice of
Deficiency of the Texas Title V program;
we further required that the corrected
PTE provisions be submitted as
revisions to both the Texas SIP and Title
V programs.
The TCEQ adopted revisions to the
Texas Title V minor permit provisions
at 30 TAC 122.215–122.218 to satisfy
inconsistencies identified by EPA June
7, 1995, in the Texas part 70 program.
After correcting the deficiencies and
adopting revised rules at 30 TAC
122.215–122.218, the TCEQ has
submitted and requested Title V and SIP
approval. EPA has already evaluated
and approved the revisions into the
state’s part 70 program. We now address
whether these provisions should be SIPapproved.
The TCEQ has requested SIP approval
because of 30 TAC 122.218; which
provides that minor permit procedures
may be used for emission trading
programs and other similar approaches
only to the extent that such minor
permit revision procedures are explicitly
provided for in the Texas SIP or in the
applicable requirements promulgated by
the EPA.
Texas has several emissions trading
programs approved into the Texas SIP,
but none of these programs explicitly
provide for the use of Title V minor
permit revision procedures. Our
analysis and approval of each of these
state trading programs, found that
through approval of the trading
programs into the Texas SIP, these
programs themselves would become
applicable requirements under the
approved Texas part 70 program. Since
the programs themselves do not provide
for the use of minor permit revisions
under title V, the minor permit revision
procedures in the part 70 program must
E:\FR\FM\10SER1.SGM
10SER1
55224
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations
be explicitly included in the SIP to
ensure the Texas sources participating
in the SIP-approved trading programs
can use the minor permit revision
mechanisms.
IV. Final Action
EPA is taking direct final action to
approve revisions to the Texas SIP
submitted on December 17, 1999,
October 4, 2001 and August 11, 2003 as
consistent with the CAA and EPA’s
policy and guidance. Specifically, EPA
is approving new 30 TAC 101.28 as
adopted on December 1, 1999 and
submitted on December 17, 1999. EPA
is approving revisions to 30 TAC
Sections 122.215, 122.216, 122.217 and
122.218 as adopted on May 9, 2001 and
submitted on October 4, 2001. EPA is
also approving revisions to 30 TAC
122.217 as adopted on November 20,
2002 and submitted on August 11, 2003.
rmajette on DSK2TPTVN1PROD with RULES
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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);
VerDate Mar<15>2010
14:54 Sep 09, 2013
Jkt 229001
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 November 12,
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
2013. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposed of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: August 28, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. Section 52.2270(c) is amended by
adding to the table titled ‘‘EPA
Approved Regulations in the Texas
SIP’’:
■ a. A new entry in numerical order for
Section 101.28 under the existing
headings for Chapter 101—General Air
Quality Rules and Subchapter A—
General Rules.
■ b. A new centered heading at the end
of the table for Subchapter C—Initial
Permit Issuances, Revisions, Reopening,
and Renewals under Chapter 122
Federal Operating Permits Program,
followed by a new centered heading for
Division 2—Permit Revisions and new
sub entries for Sections 122.215,
122.216, 122.217 and 122.218.
The additions read as follows:
■
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\10SER1.SGM
10SER1
*
*
55225
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
State approval/submittal date
Title/subject
*
*
*
Section 101.28 ...........
*
*
*
*
Chapter 101—General Air Quality Rules
Subchapter A—General Rules
*
*
Stringency Determination for Federal Operating Permits.
*
*
12/1/1999
*
*
Minor Permit Revisions ............................
5/9/2001
Applications for Minor Permit Revisions ..
5/9/2001
Section 122.217 .........
Procedures for Minor Permit Revisions ...
11/20/2002
Section 122.218 .........
Minor Permit Revision Procedures for
Permit Revisions Involving the Use of
Economic Incentives, Marketable Permits, and Emissions Trading.
5/9/2001
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0800; FRL–9900–69Region9]
DATES:
Determination of Attainment for the
Chico Nonattainment Area for the 2006
Fine Particle Standard; California;
Determination Regarding Applicability
of Clean Air Act Requirements
EPA has established docket
number EPA–R09–OAR–2012–0800 for
this action. Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps, multi-volume
reports), and some may not be publicly
available in either location (e.g.,
Confidential Business Information). To
inspect the hard copy materials, please
schedule an appointment during normal
business hours with the contact listed in
the FOR FURTHER INFORMATION CONTACT
section.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
determine that the Chico nonattainment
area in Butte County, California has
attained the 2006 24-hour fine particle
(PM2.5) National Ambient Air Quality
Standard (NAAQS or standard). This
determination is based upon complete,
quality-assured, and certified ambient
air monitoring data showing that this
area has monitored attainment of the
2006 24-hour PM2.5 NAAQS based on
the 2010–2012 monitoring period. Based
on the above determination, the
SUMMARY:
VerDate Mar<15>2010
14:54 Sep 09, 2013
Jkt 229001
This rule is effective on October
10, 2013.
ADDRESSES:
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
*
*
*
*
9–10–13 [Insert FR page
document begins].
9–10–13 [Insert FR page
document begins].
9–10–13 [Insert FR page
document begins].
9–10–13 [Insert FR page
document begins].
requirements for this area to submit an
attainment demonstration, together with
reasonably available control measures, a
reasonable further progress (RFP) plan,
and contingency measures for failure to
meet RFP and attainment deadlines are
suspended for so long as the area
continues to attain the 2006 24-hour
PM2.5 NAAQS.
[FR Doc. 2013–21868 Filed 9–9–13; 8:45 am]
Explanation
*
*
*
*
*
Subchapter C—Initial Permit Issuances, Revisions, Reopening, and Renewals
Division 2—Permit Revisions
Section 122.216 .........
rmajette on DSK2TPTVN1PROD with RULES
*
*
*
9–10–13 [Insert FR page number where
document begins].
*
*
Chapter 122—Federal Operating Permits Program
Section 122.215 .........
*
EPA approval date
*
number where
number where
number where
number where
John
Ungvarsky, (415) 972–3963, or by email
at ungvarsky.john@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA.
Table of Contents
I. Summary of EPA’s Proposed Action
II. Public Comments
III. EPA’s Final Action
IV. Statutory and Executive Order Reviews
I. Summary of EPA’s Proposed Action
On October 30, 2012 (77 FR 65651),
EPA proposed to determine that the
Chico nonattainment area in California
has attained the 2006 24-hour NAAQS
for fine particles (generally referring to
particles less than or equal to 2.5
micrometers in diameter, PM 2.5). The
2006 24-hour PM2.5 NAAQS is 35
micrograms per cubic meter (mg/m3),
based on a 3-year average of the 98th
percentile of 24-hour concentrations.
The Chico PM2.5 nonattainment area
includes the southwestern two-thirds of
Butte County, California. Butte County
lies in the central portion of northern
California’s Sacramento Valley Air
Basin, which stretches from Sacramento
County in the south to Shasta County in
the north.
E:\FR\FM\10SER1.SGM
10SER1
Agencies
[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Rules and Regulations]
[Pages 55221-55225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21868]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0335; FRL-9900-82-Region6]
Approval and Promulgation of Implementation Plans; Texas;
Procedures for Stringency Determinations and Minor Permit Revisions for
Federal Operating Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking a direct final action to approve portions of
three revisions to the Texas State Implementation Plan (SIP) concerning
the Texas Federal Operating Permits Program. EPA has determined that
these SIP revisions, submitted on December 17, 1999, October 4, 2001
and August 11, 2003, comply with the Clean Air Act and EPA regulations
and are consistent with EPA policies. This action is being taken under
section 110 of the Act.
DATES: This direct final rule is effective on November 12, 2013 without
further notice, unless EPA receives relevant adverse comment by October
10, 2013. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2010-0335, by one of the following methods:
(1) www.regulations.gov: Follow the on-line instructions for
submitting comments.
(2) Email: Ms. Adina Wiley at wiley.adina@epa.gov.
(3) Fax: Ms. Adina Wiley, Air Permits Section (6PD-R), at fax
number 214-665-6762.
(4) Mail or Delivery: Ms. Adina Wiley, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2010-0335. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through https://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-
[[Page 55222]]
ROM submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the Air
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. A 15 cent per page fee will be charged for
making photocopies of documents. On the day of the visit, please check
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittals related to this SIP revision, and which is
part of the EPA docket, is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's direct final action, please contact Ms. Adina Wiley (6PD-R),
Air Permits Section, Environmental Protection Agency, Region 6, 1445
Ross Avenue (6PD-R), Suite 1200, Dallas, Texas 75202-2733, telephone
(214) 665-2115; fax number (214) 665-6762; email address
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. What action is EPA taking?
II. What did Texas submit?
A. Stringency Determinations for Federal Operating Permits at 30
TAC 101.28
B. Minor Permit Revisions Procedures for Federal Operating
Permits at 30 TAC 122.215-122.218
III. EPA's Evaluation
IV. Final Action
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is taking a direct final action to approve portions of three
revisions to the Texas State Implementation Plan (SIP) concerning the
Texas Federal Operating Permits Program. EPA has determined that these
SIP revisions, submitted on December 17, 1999, October 4, 2001 and
August 11, 2003, comply with the Clean Air Act and EPA regulations and
are consistent with EPA policies. This action is being taken under
section 110 of the Act.
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. As explained in our accompanying technical support documents
(TSD), we are finding this action noncontroversial because the
provisions for the Stringency Determination for Federal Operating
Permits at 30 TAC 101.28 have been in effect in Texas since December
23, 1999, and the minor permit revision procedures for the Texas
Federal Operating Permit Program have been in effect in Texas since
June 3, 2001 and December 11, 2002, without any negative impact to
attainment or maintenance of any National Ambient Air Quality Standard
in Texas. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on November 12, 2013
without further notice unless we receive relevant adverse comment by
October 10, 2013. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
II. What did Texas submit?
A. Stringency Determinations for Federal Operating Permits at 30 TAC
101.28
December 17, 1999 SIP Submittal
In a letter dated December 17, 1999, Governor George W. Bush
submitted revisions to the Texas SIP at Rule Log No. 99017-101-AI that
were adopted by the Texas Natural Resources Conservation Commission
(TNRCC) on December 1, 1999, and became effective on December 23,
1999.\1\ This SIP submittal included revisions to the following parts
of the Texas Administrative Code, Title 30, Chapter 101:
---------------------------------------------------------------------------
\1\ Note that the Texas Natural Resource Conservation Commission
(TNRCC) was a predecessor to the current Texas environmental agency,
the Texas Commission on Environmental Quality. This analysis will
identify the TNRCC when talking about a specific action taken by the
TNRCC such as rule adoption and SIP submittal, but will generally
refer to the TCEQ when discussing current duties of the state
environmental agency.
---------------------------------------------------------------------------
1. Revisions to the General Air Quality Definitions at 30 TAC
101.1;
2. Revisions to Emissions Inventory Requirements at 30 TAC 101.10;
3. New provisions for Stringency Determinations for Federal
Operating Permits at 30 TAC 101.28; and
4. Revisions to Conformity of General Federal and State Actions to
State Implementation Plans at 30 TAC 101.30.
Today's direct final action and accompanying proposal only
addresses the submittal of 30 TAC 101.28. The revisions to the General
Air Quality Definitions at 30 TAC 101.1 were superceded by EPA's
November 14, 2001 approval of the Definitions adopted on September 26,
2001. See 66 FR 57252. EPA approved the revisions to the Emissions
Inventory Requirements at 30 TAC 101.10 and the revisions to Conformity
of General Federal and State Actions to State Implementation Plans at
30 TAC 101.30 on July 23, 2010. See 75 FR 43062. This review will be
the first time EPA has evaluated and taken action on the December 17,
1999, submittal of 30 TAC 101.28. TCEQ has made no revisions to 30 TAC
101.28 since the initial adoption and submittal of the regulatory
language as a SIP revision.
B. Minor Permit Revisions Procedures for Federal Operating Permits
Program at 30 TAC 122.215-122.218
The permitting provisions for minor permit revisions in the Texas
Federal Operating Permits Program are found at
[[Page 55223]]
30 TAC 122.215-122.218. These provisions generally identify what
permitting actions constitute a minor permit revision and detail the
application procedures for said minor permit revisions under the Texas
Federal Operating Permits Program. The TCEQ initially adopted the
revisions at 30 TAC 122.215-122.218 in response to our June 7, 1995,
Federal Register notice (60 FR 30037), where EPA identified several
inconsistencies between Texas's Chapter 122 Federal Operating Permits
Program and Part 70, including the provisions for minor permit
revisions. TCEQ amended 30 TAC 122.215-122.218 to ensure Chapter 122 is
consistent with 40 CFR 70.7(e)(2)(i). These amendments were adopted by
the state on May 9, 2001, and submitted to EPA for inclusion in the
Texas Title V Operating Permit program on May 30, 2001. EPA published
approval of these revisions into the Federal Operating Permit program
on December 6, 2001 (66 FR 63318), based on our determination that TCEQ
had corrected the deficiencies identified in Chapter 122, including
those pertaining to the minor permit revisions. TCEQ subsequently
adopted amendments to 30 TAC 122.217 regarding minor permit procedures
on November 20, 2002. These amendments removed an obsolete reference to
the monitoring process for general operating permits and renumbered the
section for consistency. These amendments to 30 TAC 122.217 were
submitted to EPA as revisions to the Texas Title V Operating Permit
Program on December 9, 2002. EPA published approval of these revisions
into the Federal Operating Permit program on March 30, 2005 (70 FR
16134).
While EPA has reviewed and approved the amendments to sections 30
TAC 122.215-122.218 into the Texas Operating Permit Program, this
review marks the first time that EPA has taken action on these sections
as revisions to the Texas SIP. In doing so, we are acting on the
original SIP submission of October 4, 2001, and the subsequent
revisions through the August 11, 2003 SIP submittal.
October 4, 2001 SIP Revision Submittal
In a letter dated October 4, 2001, Governor Rick Perry submitted
revisions to the Texas SIP at Rule Log No. 2000-043-122-AI that were
adopted by the TNRCC on May 9, 2001, and became effective on June 3,
2001. The following parts of the Texas Administrative Code, Title 30,
Chapter 122 were submitted in this SIP submittal. Note that no other
revisions were adopted or submitted to the Texas SIP in this rule
package.
1. Minor permit revisions at 30 TAC 122.215,
2. Applications for Minor Permit Revisions at 30 TAC 122.216,
3. Procedures for Minor Permit Revisions at 30 TAC 122.217, and
4. Minor Permit Revision Procedures for Permit Revisions Involving
the Use of Economic Incentives, Marketable Permits and Emissions
Trading at 30 TAC 122.218.
August 11, 2003 SIP Revision Submittal
In a letter dated August 11, 2003, Mr. Robert J. Huston, Chairman
of the TNRCC, submitted revisions to the Texas SIP at Rule Log No.
2002-056-122-AI for 30 TAC 122.217--Procedures for Minor Permit
Revision. The revision to 30 TAC 122.217 was adopted by the TNRCC on
November 20, 2002, and became effective on December 11, 2002. Note that
no other revisions were adopted or submitted to the Texas SIP in this
rule package.
III. EPA's Evaluation
We provide our evaluation for this rulemaking in this section.
Additional information to support our evaluation is available in the
TSDs for this rulemaking, which are available in the rulemaking docket.
December 17, 1999 Submittal of 30 TAC 101.28
The TCEQ adopted these provisions as a result of the guidance
provided by EPA in our March 5, 1996 ``White Paper Number 2 for
Improved Implementation of the Part 70 Operating Permits Program''
(WP2). In WP2, EPA explains that EPA and the state permitting
authorities have developed different and often overlapping applicable
requirements for stationary source control. This results in some
emissions units at stationary sources being subjected to multiple
requirements--some of which may be duplicative or contradictory. To
reduce the permit burden on the sources, the state permitting
authorities, and the EPA Regional Offices, EPA provided guidance in WP2
on how best to streamline these multiple requirements into one
requirement that is at least as stringent as the most stringent limit.
Generally, the streamlined monitoring, recordkeeping, and reporting
requirements would generally be those associated with the most
stringent emission limit, providing that the streamlined requirements
would assure compliance to the same extent as the subsumed
requirements.
EPA finds that the new provisions adopted at 30 TAC 101.28 are
substantively similar to the guidance provided to states in WP2. As
such, the stringency determination provisions are approvable.
October 4, 2001 and August 11, 2003 Submittal of 30 TAC 122.215-122.218
Because of the different CAA requirements and authorizations
surrounding each program, EPA generally prefers to not approve a
state's Title V permitting provisions into the applicable SIP. However,
there are instances where approving a portion of the Title V program
into the SIP is appropriate and necessary to ensure proper
functionality for both the Title I and V permitting programs. For
instance, EPA approved the ``potential to emit'' provisions at 30 TAC
122.122 into the Texas SIP on November 14, 2003 (see 68 FR 64543). In
this instance, EPA required TCEQ to revise the ``potential to emit''
provisions through our January 7, 2002, Notice of Deficiency of the
Texas Title V program; we further required that the corrected PTE
provisions be submitted as revisions to both the Texas SIP and Title V
programs.
The TCEQ adopted revisions to the Texas Title V minor permit
provisions at 30 TAC 122.215-122.218 to satisfy inconsistencies
identified by EPA June 7, 1995, in the Texas part 70 program. After
correcting the deficiencies and adopting revised rules at 30 TAC
122.215-122.218, the TCEQ has submitted and requested Title V and SIP
approval. EPA has already evaluated and approved the revisions into the
state's part 70 program. We now address whether these provisions should
be SIP-approved.
The TCEQ has requested SIP approval because of 30 TAC 122.218;
which provides that minor permit procedures may be used for emission
trading programs and other similar approaches only to the extent that
such minor permit revision procedures are explicitly provided for in
the Texas SIP or in the applicable requirements promulgated by the EPA.
Texas has several emissions trading programs approved into the
Texas SIP, but none of these programs explicitly provide for the use of
Title V minor permit revision procedures. Our analysis and approval of
each of these state trading programs, found that through approval of
the trading programs into the Texas SIP, these programs themselves
would become applicable requirements under the approved Texas part 70
program. Since the programs themselves do not provide for the use of
minor permit revisions under title V, the minor permit revision
procedures in the part 70 program must
[[Page 55224]]
be explicitly included in the SIP to ensure the Texas sources
participating in the SIP-approved trading programs can use the minor
permit revision mechanisms.
IV. Final Action
EPA is taking direct final action to approve revisions to the Texas
SIP submitted on December 17, 1999, October 4, 2001 and August 11, 2003
as consistent with the CAA and EPA's policy and guidance. Specifically,
EPA is approving new 30 TAC 101.28 as adopted on December 1, 1999 and
submitted on December 17, 1999. EPA is approving revisions to 30 TAC
Sections 122.215, 122.216, 122.217 and 122.218 as adopted on May 9,
2001 and submitted on October 4, 2001. EPA is also approving revisions
to 30 TAC 122.217 as adopted on November 20, 2002 and submitted on
August 11, 2003.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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 November 12, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: August 28, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. Section 52.2270(c) is amended by adding to the table titled ``EPA
Approved Regulations in the Texas SIP'':
0
a. A new entry in numerical order for Section 101.28 under the existing
headings for Chapter 101--General Air Quality Rules and Subchapter A--
General Rules.
0
b. A new centered heading at the end of the table for Subchapter C--
Initial Permit Issuances, Revisions, Reopening, and Renewals under
Chapter 122 Federal Operating Permits Program, followed by a new
centered heading for Division 2--Permit Revisions and new sub entries
for Sections 122.215, 122.216, 122.217 and 122.218.
The additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
[[Page 55225]]
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 101--General Air Quality Rules
Subchapter A--General Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 101.28................... Stringency 12/1/1999 9-10-13 [Insert FR
Determination for page number where
Federal Operating document begins].
Permits.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 122--Federal Operating Permits Program
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Subchapter C--Initial Permit Issuances, Revisions, Reopening, and Renewals
Division 2--Permit Revisions
----------------------------------------------------------------------------------------------------------------
Section 122.215.................. Minor Permit Revisions 5/9/2001 9-10-13 [Insert FR
page number where
document begins].
Section 122.216.................. Applications for Minor 5/9/2001 9-10-13 [Insert FR
Permit Revisions. page number where
document begins].
Section 122.217.................. Procedures for Minor 11/20/2002 9-10-13 [Insert FR
Permit Revisions. page number where
document begins].
Section 122.218.................. Minor Permit Revision 5/9/2001 9-10-13 [Insert FR
Procedures for Permit page number where
Revisions Involving document begins].
the Use of Economic
Incentives,
Marketable Permits,
and Emissions Trading.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-21868 Filed 9-9-13; 8:45 am]
BILLING CODE 6560-50-P