Approval and Promulgation of Implementation Plans; Texas; Revisions to New Source Review (NSR) State Implementation Plan (SIP); Emergency Orders, 59250-59258 [2013-23380]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with RULES
59250
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
• 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
disproportionate human health or
environmental effects with practical,
appropriate, 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 25,
2013. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
VerDate Mar<15>2010
17:00 Sep 25, 2013
Jkt 229001
matter], Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations 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 F—California
2. Section 52.220 is amended by
adding paragraph (c)(430) to read as
follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(430) New and amended regulations
for the following APCD was submitted
on June 11, 2013 by the Governor’s
Designee.
(i) Incorporation by Reference.
(A) South Coast Air Quality
Management District.
(1) Rule 444, ‘‘Open Burning,’’
adopted on May 3, 2013.
(2) Rule 445, ‘‘Wood Burning
Devices,’’ adopted on May 3, 2013.
[FR Doc. 2013–23252 Filed 9–25–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2006–0600; FRL–990–30–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to New Source Review
(NSR) State Implementation Plan (SIP);
Emergency Orders
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
disapprove revisions to the State
Implementation Plan (SIP) for the State
of Texas that relate to Emergency
Orders. This includes portions of SIP
revisions that relate to Emergency
Orders that were submitted by Texas on
August 31, 1993; December 10, 1998;
February 1, 2006; and July 17, 2006.
EPA is disapproving these revisions
SUMMARY:
PO 00000
Frm 00088
Fmt 4700
Sfmt 4700
because these regulations do not meet
the requirements of the Clean Air Act
(the ‘‘Act’’ or ‘‘CAA’’), EPA regulations,
and applicable policy and guidance.
EPA is taking this action under section
110 and parts C and D of Title I of the
Act.
DATES: This final rule is effective on
October 28, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2006–0600. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through 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. To inspect the hard copy
materials, please schedule an
appointment with the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253.
FOR FURTHER INFORMATION CONTACT: Ms.
Ashley Mohr, Air Permits Section (6PD–
R), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–7289; fax number (214) 665–
6762; email address mohr.ashley@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. What action is EPA taking?
II. What is the background?
A. Summary of Our Proposed Action
B. Summary of the Submittals Addressed
in this Final Action
III. Responses to Comments
IV. What are the grounds for this disapproval
action of the Texas Emergency Orders
Program?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is taking final action to
disapprove the Texas Emergency Orders
Program as submitted by Texas on
August 31, 1993, as revised by the
December 10, 1998, February 1, 2006,
and July 17, 2006 SIP revision
submittals. These submittals include the
initial adoption of 30 TAC 116.410
E:\FR\FM\26SER1.SGM
26SER1
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
through 116.418, the initial adoption of
30 TAC Chapter 35, and subsequent
revisions to sections within these
regulations. EPA has concluded that the
Emergency Orders Program contained in
these regulations does not meet the
requirements of the Act and the EPA’s
New Source Review (NSR) regulations.
EPA proposed disapproval of the
above SIP revision submittals on
February 5, 2013 (78 FR 8076). We
accepted comments from the public on
this proposal from February 5, 2013
until March 7, 2013. A summary of the
comments received and our evaluation
and response thereof is discussed in
section III below. In the proposal and in
the Technical Support Document (TSD),
we described our basis for the actions
identified above. The reader should
refer to the proposal, the TSD, section
IV of this notice, and the Response to
Comments in section III of this notice
for additional information relating to
our final action.
EPA is disapproving the submitted
Texas Emergency Orders Program as not
meeting all the requirements applicable
to New Source Review (NSR).
Specifically, the issuance of Emergency
Orders to projects that are subject to
Major NSR fail to meet the requirements
of the CAA and the implementing
regulations as follows:
• The Emergency Orders Program
does not satisfy the public participation
required for NSR at the time the
Emergency Order is issued; and
• The Emergency Orders Program
does not meet the requirement that a
NSR permit be issued prior to the
commencement of construction of a
Major Source.
The provisions in these submittals
relating to the Texas Emergency Orders
Program that include the 30 TAC
Chapter 116.410 through 116.418 and
Chapter 35 regulatory provisions were
not submitted to meet a mandatory
requirement of the Act. Therefore, this
final action to disapprove the submitted
Texas Emergency Orders Program does
not trigger a sanctions or Federal
Implementation Plan clock. See CAA
section l79(a).
II. What is the background?
A. Summary of Our Proposed Action
On February 5, 2013, EPA proposed to
disapprove revisions to the SIP
59251
submitted by the State of Texas that
relate to the Emergency Orders Program.
Texas submitted these SIP revisions on
August 31, 1993; December 10, 1998;
February 1, 2006; and July 17, 2006.
Table 1 summarizes these SIP revision
submittals and their associated affected
provisions that we proposed to
disapprove in our February 5, 2013
action.
Our February 5, 2013 proposal
provides a detailed description of the
submittals and the rationale for EPA’s
proposed action, together with a
discussion of the opportunity to
comment. The public comment period
for this action closed on March 7, 2013.
B. Summary of the Submittals
Addressed in This Final Action
Tables 1 and 2 below summarize the
changes that are in the SIP revision
submittals. A summary of EPA’s
evaluation of each section and the basis
for this final action is discussed in
sections III through V of this notice. The
TSD (which is located in the docket)
includes a detailed evaluation of the
submittals.
TABLE 1—SUMMARY OF PENDING SIP SUBMITTALS ADDRESSED IN THIS ACTION
Description of SIP submittal
Original Recodification of
Chapter 116.
Emergency and Temporary
Orders.
Federal New Source Review
Permits Rules.
Revision to Provisions for
Emergency Orders.
Date
submitted to
EPA
Date
adopted by
State
Date
effective as
State rule
8/31/1993
8/16/1993
9/13/1993
12/10/1998
11/18/1998
12/10/1998
2/1/2006
1/11/2006
2/1/2006
7/17/2006
6/28/2006
7/19/2006
Sections related to emergency orders
Chapter 116: Submittal of sections 116.410 through 116.418.
Chapter 35: Submittal of sections 35.1–35.3, 35.11–35.13, 35.21–
35.30, and 35.801–35.809.
Chapter 116: Revisions to section 116.410; Repeal of sections
116.411–116.418, which were replaced by sections 35.802–35.809.
Chapter 116: Recodification of § 116.410 to § 116.1200.
Chapter 35: Revisions to sections 35.801, 35.802, 35.804, 35.805,
35,807, and 35.808.
TABLE 2—SUMMARY OF THE INDIVIDUAL REVISIONS TO EACH SECTION EVALUATED
Date
submitted to
EPA
Section—title
Adopted by
State
Effective as
State rule
Comments
30 TAC Chapter 35—Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permits Conditions
Subchapter A—Purpose, Applicability, and Definitions
Section 35.1—Purpose ....................................................
Section 35.2—Applicability ...............................................
Section 35.3—Definitions .................................................
12/10/1998
12/10/1998
12/10/1998
11/18/1998
11/18/1998
11/18/1998
12/10/1998
12/10/1998
12/10/1998
Initial adoption.
Initial adoption.
Initial adoption.
mstockstill on DSK4VPTVN1PROD with RULES
Subchapter B—Authority of the Executive Director
Section 35.11—Purpose and Applicability .......................
Section 35.12—Authority of the Executive Director .........
Section 35.13—Eligibility of the Executive Director .........
12/10/1998
12/10/1998
12/10/1998
11/18/1998
11/18/1998
11/18/1998
12/10/1998
12/10/1998
12/10/1998
Initial adoption.
Initial adoption.
Initial adoption.
Subchapter C—General Provisions
Section 35.21—Action by the Commission or Executive
Director.
VerDate Mar<15>2010
17:00 Sep 25, 2013
Jkt 229001
PO 00000
12/10/1998
Frm 00089
Fmt 4700
11/18/1998
Sfmt 4700
12/10/1998
Initial adoption.
E:\FR\FM\26SER1.SGM
26SER1
59252
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
TABLE 2—SUMMARY OF THE INDIVIDUAL REVISIONS TO EACH SECTION EVALUATED—Continued
Date
submitted to
EPA
Section—title
Section 35.22—Term and Renewal of Orders .................
§ 35.23—Effect of Orders .................................................
Section 35.24—Application for Emergency or Temporary
Orders.
Section 35.25—Notice and Opportunity for Hearing .......
Section 35.26—Contents of Emergency or Temporary
Orders.
Section 35.27—Hearing Required ...................................
Section 35.28—Hearing Requests ...................................
§ 35.29—Procedures for a Hearing ..................................
Section 35.30—Application Fees .....................................
Adopted by
State
Effective as
State rule
12/10/1998
12/10/1998
12/10/1998
11/18/1998
11/18/1998
11/18/1998
12/10/1998
12/10/1998
12/10/1998
Initial adoption.
Initial adoption.
Initial adoption.
12/10/1998
12/10/1998
11/18/1998
11/18/1998
12/10/1998
12/10/1998
Initial adoption.
Initial adoption.
12/10/1998
12/10/1998
12/10/1998
12/10/1998
11/18/1998
11/18/1998
11/18/1998
11/18/1998
12/10/1998
12/10/1998
12/10/1998
12/10/1998
Initial
Initial
Initial
Initial
Initial adoption.
Revisions to section 35.801.
Initial adoption as section 116.411.
• Redesignated to section 35.802;
• Revisions to introductory paragraph;
• Revisions to paragraphs (1)–(8);
• New paragraph (9); and
• Redesignate former paragraph (9) to
paragraph (10) with revisions.
Revisions to introductory paragraph (1)
and paragraph (5).
Initial adoption as section 116.412.
• Redesignated to section 35.803; and
• Revisions to introductory paragraph.
Initial adoption.
Revision to paragraphs (1) and (1)(C).
Initial adoption as section 116.415.
Redesignated to section 35.805; and
Revision to introductory paragraph and
paragraphs (1)–(4).
• Reorganization of paragraph (3) to
paragraphs (3), (3)(A), and (3)(B);
• New paragraph 3)(C);
• New paragraph (4); and
• Redesignation of existing paragraph (4)
to paragraph (5) with revisions.
Initial adoption as § 116.416.
• Redesignated to section 35.806; and
• Revisions to introductory paragraph.
Initial adoption as section 116.414.
• Redesignated to section 35.807; and
• Revisions to the introductory paragraph, paragraphs (1)–(3);
• New paragraph (4);
• Redesignation of former (4)–(5) to
paragraphs (5)–(6) with revisions.
• Revisions to paragraph (1).
• Reorganization of paragraph (5) into
paragraphs (5), (5)(A), and (5)(B); and
• New paragraph (5)(C).
Initial adoption as section 116.417.
• Redesignated to section 35.808; and
• Revisions to paragraphs (1)–(3).
Revision to paragraph (1).
Adopted as § 116.418.
• Redesignated to section 35.809; and
• Revision to introductory paragraph.
Comments
adoption.
adoption.
adoption.
adoption.
Subchapter K—Air Orders 1
Section 35.801—Emergency Orders Because of Catastrophe.
§§ 35.802—Application for an Emergency Order ............
12/10/1998
7/17/2006
8/31/1993
12/10/1998
11/18/1998
6/28/2006
8/16/1993
11/18/1998
12/10/1998
7/19/2006
9/13/1993
12/10/1998
7/17/2006
6/28/2006
7/19/2006
Section 35.803—Public Notification .................................
8/31/1993
12/10/1998
8/16/1993
11/18/1998
9/13/1993
12/10/1998
Section 35.804—Issuance of an Emergency Order ........
12/10/1998
7/17/2006
8/31/1993
12/10/1998
11/18/1998
6/28/2006
8/16/1993
11/18/1998
12/10/1998
7/19/2006
9/13/1993
12/10/1998
7/17/2006
6/28/2006
7/19/2006
Section 35.806—Requirement to Apply for a Permit or
Modification.
8/31/1993
12/10/1998
8/16/1993
11/18/1998
9/13/1993
12/10/1998
Section 35.807—Affirmation of an Emergency Order .....
8/31/1993
12/10/1998
8/16/1993
11/18/1998
9/13/1993
12/10/1998
7/17/2006
6/28/2006
7/19/2006
Section 35.808—Modification of an Emergency Order ...
8/31/1993
12/10/1998
8/16/1993
11/18/1998
9/13/1993
12/10/1998
Section 35.809—Setting Aside an Emergency Order .....
7/17/2006
8/31/1993
12/10/1998
6/28/2006
8/16/1993
11/18/1998
7/19/2006
9/13/1993
12/10/1998
mstockstill on DSK4VPTVN1PROD with RULES
Section 35.805—Contents of an Emergency Order ........
30 TAC Chapter 116—Control of Air Pollution by Permits for New Construction or Modification
Subchapter K—Emergency Orders
Section 116.1200—Applicability .......................................
VerDate Mar<15>2010
17:00 Sep 25, 2013
Jkt 229001
PO 00000
8/31/1993
12/10/1998
2/1/2006
Frm 00090
Fmt 4700
8/16/1993
11/18/1998
1/11/2006
Sfmt 4700
9/13/1993
12/10/1998
2/1/2006
Initial adoption as section 116.410.
Revised introductory paragraph.
Redesignated to section 116.1200.
E:\FR\FM\26SER1.SGM
26SER1
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
In general, the regulations governing
Emergency Orders are found in 30 TAC
Chapter 35—Emergency and Temporary
Orders and Permits; Temporary
Suspension or Amendment of Permit
Conditions. These regulations provide
the process by which the Texas
Commission on Environmental Quality
(TCEQ) may issue a Temporary Order,
Emergency Order, Mandatory Order,
Permissive Order, and Prohibitory Order
and include provisions that apply to
both air orders and non-air orders. As
part of this action, we are disapproving
only those portions that are applicable
to the issuance of air Emergency Orders.
As noted in our proposed action on
February 5, 2013, EPA returned the nonair portions of the aforementioned
submittals to the State. Under the CAA,
SIPs can only include provisions
addressing air quality, so the portions of
the Texas submittals related to non-air
orders cannot be included in the SIP.2
Today, EPA is disapproving the
regulations identified in Table 2 above,
except for provisions that do not relate
to the air quality requirements of the
Act. EPA returned the following non-air
portions of the submitted rules to the
State: 30 TAC 35.13; 35.24(b) and (e)(6)–
(7); and 35.25(e)(1)–(8) and (11)–(15).
Other state and local agencies operate
programs similar to the Emergency
Orders Program. In these cases, the
regulations containing the provisions
related to those programs are located
within the states’ air quality permitting
regulations, not in the SIP. EPA may
exercise its enforcement discretion on a
case-by-case basis to evaluate the owner
or operator’s proposed action in
response to a catastrophe and utilize
enforcement discretion to allow for
appropriate immediate actions to
minimize impacts and restore the
sources to full operation.
mstockstill on DSK4VPTVN1PROD with RULES
III. Responses to Comments
The Federal Register proposing
disapproval of these SIP revisions was
published on February 5, 2013 at 78 FR
1 On August 18, 1993, sections 116.411 through
116.418 were adopted under Chapter 116,
Subchapter E—Emergency Orders. On November
18, 1998, these regulations were replaced with
sections 35.802 through 35.809 and placed in
Chapter 35, Subchapter K.
2 As part of this final rulemaking, we would like
to provide clarification that a SIP is not limited only
to provisions that address criteria pollutants and
their precursors. Our intent in mentioning the scope
of the SIP in our proposal (78 FR 8076, February
5, 2013) was only to differentiate between the air
and non-air related provisions contained in the
August 31, 1993, December 10, 1998, February 1,
2006, and July 17, 2006 SIP revision submittals.
With this rulemaking, we are providing clarification
that the SIP is limited to provisions that address air
quality; therefore, the non-air portions of the SIP
submittals received from Texas were returned to the
state.
VerDate Mar<15>2010
17:00 Sep 25, 2013
Jkt 229001
8076, and the public comment period
closed on March 7, 2013. In response to
our proposal, we received comments
from the following: Baker Botts, L.L.P.
on behalf of Business Coalition for
Clean Air Appeal Group (BCCA); Baker
Botts, L.L.P. on behalf of Texas Industry
Project (TIP); and the Texas Commission
on Environmental Quality (TCEQ). EPA
has summarized the comments below;
the complete comment letters received
are available for review in the docket for
this rulemaking.
Comment 1: TCEQ comments that the
Emergency Orders rules are not
intended to substitute for the SIPapproved NSR permitting processes,
and the rules require that the regulated
entities that are issued an Emergency
Order are required to undergo the NSR
permitting processing on a specific
timeframe to obtain necessary NSR
authorizations.
Response: EPA agrees that the
Emergency Orders rules are not
submitted as a substitute for the current
SIP-approved NSR permitting process.
However, the issuance of an Emergency
Order under the submitted program
precedes the NSR permitting process
and authorizes construction prior to the
SIP-approved NSR permitting process
occurring. The CAA does not provide an
option to authorize construction prior to
the completion of the NSR permitting
process. While the submitted rules
require that a source obtain the
necessary NSR authorization(s) within a
specified timeframe, the initial
authorization via the Emergency Order
allows a source to commence
construction prior to the source
undergoing the required NSR permitting
process. Because the issued Emergency
Order is the initial preconstruction
authorization, the program must be
evaluated to determine if it meets the
applicable requirements for NSR.
Comment 2: TCEQ comments that the
review of Emergency Orders
applications and the orders themselves
ensure or require compliance with the
requirement that any construction or
modification will not interfere with the
attainment or maintenance of the
NAAQS or violate applicable portions of
the control strategy. TCEQ further
comments that case-by-case
enforcement discretion does not have
the same protective outcome for the
environment as the Emergency Orders
Program and does not satisfy the public
participation required for either major
or minor NSR in the Clean Air Act.
Response: EPA is not disputing the
merits of the technical review process
that TCEQ facilitates as part of the
Emergency Orders Program. However,
Texas submitted the Emergency Orders
PO 00000
Frm 00091
Fmt 4700
Sfmt 4700
59253
Program as a revision to the State’s SIP.
Therefore, as part of this action we are
evaluating the Emergency Orders
Program to determine if it is consistent
with the applicable CAA requirements,
EPA regulations, and applicable policy
and guidance.
EPA does not agree that the case-bycase enforcement discretion approach
described in our proposed action does
not have the same protective outcome
for the environment as the Texas
Emergency Orders Program. On page 78
FR 8081 of our proposed action, we
described a real-world approach of
applying the state-only Emergency
Orders Program, including the review
process outlined in the program rules,
with case-by-case EPA enforcement
discretion. This described approach
would maintain the elements of the
Texas Emergency Orders Program
technical review and couple it with the
EPA’s case-by-case evaluation of the
owner or operator’s proposed action in
response to a catastrophe. Therefore, the
approach discussed by EPA in our
proposal would not be any less
protective than a stand-alone Emergency
Orders Program and can still allow for
facilities to take appropriate immediate
actions to bring a source back up to full
operation and minimize additional
impacts resulting from the catastrophe.
In response to TCEQ’s statement
regarding public participation
requirements and enforcement
discretion, the public participation
requirements cited by EPA in our
proposed action as the basis of our
disapproval are applicable to SIP
revisions that are submitted to EPA for
review and approval into the SIP, and
would not apply to our proposed
utilization of EPA’s enforcement
discretion. As stated previously, on a
case-by-case basis EPA would evaluate
proposed actions in response to a
catastrophe and would utilize its
enforcement discretion to allow for
appropriate immediate actions to
minimize impacts and restore the
sources to full operation.
Comment 3: TCEQ comments that the
case-by-case approach described by EPA
in the proposed action does not provide
legal certainty of approved rules and
forces companies to evaluate the costs of
the risks of violating the CAA
provisions at times when quick action is
necessary. TCEQ states that the
Emergency Orders rules allow regulated
entities to obtain needed authorizations
for immediate actions in response to
natural disasters and other defined
catastrophes while mitigating the
economic risks regulated entities have
to calculate and consider from fines and
penalties associated with unauthorized
E:\FR\FM\26SER1.SGM
26SER1
59254
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
air emissions that could hinder
necessary immediate actions.
Response: The practice described in
our proposal notice is simply a
description of state-EPA interaction
utilized by sources located in other
states. Companies in those states are not
required to utilize this practice, and can
use available SIP-approved permitting
mechanisms to address their needs.
Similarly, companies in Texas can
address their needs using permitting
mechanisms available in the Texas SIP.
Texas submitted the Emergency
Orders Program as a revision to the
State’s SIP. Therefore, EPA is evaluating
the SIP revision submittal to determine
if the program meets the requirements of
the CAA, EPA regulations, and
applicable policy and guidance. In the
case where a submitted SIP revision,
like the Texas Emergency Orders
Program, does not meet the applicable
CAA requirements or is inconsistent
with EPA regulations, policy, or
guidance, we cannot approve that
revision into a SIP.
Comment 4: TCEQ indicates that they
had previously provided various
documents to EPA during informal
discussions to illustrate how the
Emergency Orders rules are compliant
with the CAA, and that they can provide
this information again, if necessary.
Response: EPA did receive from Texas
three orders signed by the TCEQ
Commissioners affirming Emergency
Orders previously issued by the
Executive Director of the TCEQ. These
documents were not persuasive in
demonstrating that the Emergency
Orders Program met the requirements of
the CAA, as described in Section IV of
this notice.3
Comment 5: TCEQ notes that EPA has
approved similar rules for other states to
address emergency conditions,
including the rules for New Mexico.
Response: EPA is currently evaluating
the rules currently approved into the
New Mexico SIP to determine what
action, if any, is needed to ensure that
the State’s SIP is consistent with the
applicable CAA requirements, EPA
regulations, and applicable policy and
guidance. If it is determined that some
action is needed regarding the New
Mexico SIP, EPA will address that in a
separate action and rulemaking. This
3 Rather, the orders showed that companies were
allowed to construct and operate without prior
public notice, and prior to the issuance of a SIPapproved permit. For example, one order (94–0722–
AIR) allowed a facility to construct, operate, shut
down, and dismantle two temporary boilers at a
polypropylene unit at a chemical plant. The public
was provided notice of the Emergency Order four
days after the boilers were dismantled. The three
orders submitted by Texas are available for review
in the docket of this rulemaking.
VerDate Mar<15>2010
17:00 Sep 25, 2013
Jkt 229001
final action addresses only those
aforementioned SIP revision submittals
submitted by Texas related to the State’s
Emergency Orders Program.
Comment 6: BCCA and TIP comment
that the Emergency Orders Program
satisfies all statutory requirements for
SIP approval, including compliance
with the NAAQS, and will often result
in a facility that is issued an Emergency
Order being subject to more stringent
requirements than those that might
otherwise be required.
Response: We do not agree that the
Emergency Orders Program satisfies
statutory requirements for SIP approval.
As detailed in our proposed action, the
proposed SIP revisions related to
Emergency Orders do not meet all of the
requirements applicable to NSR.
Specifically, the issuance of Emergency
Orders to projects that are subject to
Major NSR fails to satisfy the public
participation required for NSR at the
time the order is issued and does not
meet the requirement that a NSR permit
be issued prior to the commencement of
construction of a Major Source. The
basis of our disapproval, as outlined in
our proposed action, is that the
Emergency Orders Program fails to meet
these NSR requirements.
Comment 7: BCCA and TIP comment
that many, if not most, projects eligible
for an Emergency Order may not reflect
a new major stationary source or a major
modification, and that they are unaware
of a situation in which an Emergency
Order has been used to circumvent
major NSR requirements. The
commenters also state that Emergency
Orders Program has been an appropriate
complement to the minor NSR
permitting requirements where prompt
actions are necessary in response to a
catastrophe. BCCA and TIP further
comment that if EPA disapproves the
Emergency Orders Program on the basis
of Major NSR concerns, that EPA would
be making the minor NSR program
subject to the same requirements for SIP
approval as Major NSR programs. The
commenters state that if EPA were to
identify a proper basis to disapprove the
program, EPA should do so to the most
limited extent possible. BCCA and TIP
reference a recent court decision that
indicated that in cases where EPA had
concerns that a state program would
enable circumvention of Major NSR
requirements, ‘‘EPA might have made
use of its conditional approval
authority’’ rather than disapproving the
entire program.
Response: Under the submitted
provisions found in 30 TAC Chapter 35,
the TCEQ may issue an order under its
Emergency Orders Program that
authorizes immediate action for the
PO 00000
Frm 00092
Fmt 4700
Sfmt 4700
addition, replacement, or repair of
facilities, control equipment, or the
repair or replacement of roads, bridges,
and other infrastructure whenever a
catastrophe necessitates such
construction and emissions otherwise
precluded under the Texas Clean Air
Act. See 30 TAC 35.801. The Emergency
Orders Program SIP revisions submitted
by Texas for review by EPA do not limit
the program solely to Minor NSR
actions. The submitted SIP revisions
and the proposed regulations contained
in the submittals do not provide any
indication that the program is limited
only to Minor NSR.4 Therefore, EPA’s
evaluation of the SIP revisions includes
a comparison with Major NSR
requirements. As noted in our proposed
action, the Emergency Orders Program
does not meet all applicable
requirements for Major NSR.
We do not agree that the disapproval
of the Emergency Orders Program on the
basis of our Major NSR concerns would
be making the State’s Minor NSR
program subject to the same standards
for SIP approval for Major NSR. The
Emergency Orders Program as submitted
by Texas applies to both Major and
Minor NSR and, consequently, must be
evaluated against all applicable federal
requirements, including those for both
Major and Minor NSR. Further, as we
noted in our proposed action, the Minor
NSR program requires public
participation as part of the construction
permitting process, see 40 CFR 51.161,
which the Emergency Orders Program
does not.5
Regarding conditional approvals, the
CAA does provide that EPA may
conditionally approve a SIP submittal
‘‘based on a commitment of the state to
adopt specific enforceable measures by
a date certain, but not later than 1 year
after the date of approval of the plan
revision.’’ See CAA 110(k)(4). However,
in order to conditionally approve the
SIP revisions related to the Emergency
Orders Program, we would need a
commitment from Texas to make
4 In the December 10, 1998 SIP revision submittal,
the record indicates that while it is not anticipated
for most situations it is possible that construction
at a facility in response to a catastrophe could
trigger Major NSR. The record also indicates that
the issuance of an Emergency Order to authorize
Major NSR actions in response to a catastrophe
under the proposed program is possible.
5 The Minor NSR requirements for public
participation are found at 40 CFR 51.161, and
require prior to construction or modification the
availability for public inspection of information
regarding the construction (including the State’s
analysis of the effect on air quality), a 30-day period
for submittal of public comment, and a notice by
prominent advertisement in the area affected. EPA
recognizes a state’s ability to tailor the scope of its
Minor NSR program as necessary to achieve and
maintain the NAAQS. See 77 FR 74140.
E:\FR\FM\26SER1.SGM
26SER1
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
revisions to the submitted rules, as
necessary, to address our concerns
(including the concerns outlined in our
proposed disapproval notice) and meet
all applicable requirements. To date,
EPA has not received any such
commitment from Texas that would
allow for EPA to use its conditional
approval authority.
Comment 8: BCCA and TIP comment
that they believe that the Emergency
Orders Program is more stringent than
the enforcement discretion approach
recommended by EPA. The commenters
state that an enforcement discretion
approach provides no standards for an
agency to allow construction or
modification in response to a
catastrophe; whereas, the Emergency
Orders Program has specific
requirements that must be met by an
issued Emergency Order.
Response: The EPA’s enforcement
discretion approach and the TCEQ’s
Emergency Orders Program both
provide a process for the agencies to
follow when evaluating actions
proposed by emission sources in
response to catastrophes, including
natural disasters. Both approaches
achieve the overall goal of coordinating
a review process in order to allow the
source to take appropriate actions in
response to a catastrophe. The use of the
different processes is not an issue of
stringency. It is an issue of the most
effective means available to the agencies
to quickly achieve the overall goal.
mstockstill on DSK4VPTVN1PROD with RULES
IV. What are the grounds for this
disapproval action of the Texas
Emergency Orders Program?
EPA is disapproving the revisions to
the SIP submitted by the State of Texas
that relate to the Emergency Orders
Program, identified in Tables 1 and 2.
EPA proposed disapproval of the
Emergency Orders Program and
solicited public comments. EPA has
reviewed and responded to the
comments (including adverse
comments), and EPA is taking this final
action to disapprove the Emergency
Orders Program based on the reasons
discussed below.
Based on our evaluation, EPA has
found that the proposed Emergency
Orders Program does not meet all
applicable requirements of the CAA,
EPA regulations, and applicable policy
and guidance. Specifically, the issuance
of Emergency Orders to projects that are
subject to Major NSR fail to meet the
requirements of the Clean Air Act and
the implementing regulations as
described below:
VerDate Mar<15>2010
17:00 Sep 25, 2013
Jkt 229001
A. The Emergency Orders Program Does
Not Satisfy the Public Participation
Required for NSR at the Time the
Emergency Order Is Issued
As stated in our proposed action, the
Emergency Orders Program fails to
satisfy the public participation
requirements for Major NSR at the time
the Emergency Order is issued. Instead,
the applicable public participation for
Major NSR projects will take place after
the issuance of the Emergency Order
when the applicant submits their
application for a Major NSR permit.
Meanwhile, the applicant is authorized
by the Emergency Order to begin
construction of the Major NSR project
prior to permit application submission
and permit issuance. Consequently, the
public is not afforded an opportunity to
review and comment on the proposed
project (as required under the CAA and
implementing regulations) until after
construction has begun; thus the public
has not been provided meaningful
opportunity to participate prior to
commencement of construction of the
Major NSR project. See 40 CFR 51.161
and 51.166(q).
B. The Emergency Orders Program Does
Not Meet the Requirement That a NSR
Permit Be Issued Prior to the
Commencement of Construction of a
Major Source
While EPA agrees with commenters
that the Emergency Orders Program will
not replace the current SIP approved
NSR permitting processes, including
Major NSR, the program does provide
an interim authorization for immediate
action, including construction,
following a catastrophe via the issuance
of an Emergency Order. The issued
order is not a final issued Major NSR
permit. If the proposed action
authorized under an Emergency Order is
subject to Major NSR, the Emergency
Orders Program requires that the source
apply for a Major NSR permit within 60
days following the issuance of the order.
These permits are required to be applied
for and issued in accordance with the
applicable NSR requirements. However,
the NSR permitting would occur
following the commencement of
construction at the source, which is not
consistent with the CAA requirements.
For PSD see CAA at § 165(a)(1) and 40
CFR 51.166(a)(7)(iii). For NNSR see
CAA § 172(c)(5) and 40 CFR
51.165(a)(2)(i)–(iii).
In summary, for the reasons stated
above, the submitted Emergency Orders
Program is not approvable in the Texas
SIP because it does not meet all of the
applicable requirements of the CAA,
EPA regulations, and applicable policy
PO 00000
Frm 00093
Fmt 4700
Sfmt 4700
59255
and guidance. Some commenters state
that EPA could limit its disapproval of
the Emergency Orders Program by
exercising its conditional approval
authority. As discussed in our response
to comments, a conditional approval
requires a commitment from the State to
make revisions to the submitted rules,
as necessary, to address our concerns
and meet all applicable requirements.
See CAA 110(k)(4). To date, EPA has not
received any commitment from Texas
that would allow for EPA to use its
conditional approval authority.
Therefore, for the reasons discussed
above, we are taking final action to
disapprove the SIP revision submittals
relating to the Texas Emergency Orders
Program as submitted by Texas on the
August 31, 1993, December 10, 1998,
February 1, 2006, and July 17, 2006.
V. Final Action
EPA is disapproving the Texas
Emergency Orders Program submitted in
a series of SIP revisions, indentified in
the Tables in section II of this preamble.
These affected provisions are addressed
in the August 31, 1993, as revised by the
December 10, 1998, February 1, 2006,
and July 17, 2006 SIP revision
submittals submitted by Texas.
EPA is disapproving the
aforementioned SIP revisions submittals
because these regulations do not meet
the requirements of the CAA, EPA
regulations, and applicable policy and
guidance. EPA is taking this action
under section 110 and parts C and D of
Title I of the Act. We are not taking on
action the non-air portions of the
referenced SIP revision submittals,
which are beyond the scope of the SIP
and were returned to the State.
VI. Statutory and Executive Order
Reviews
A. Executive Order 12866, Regulatory
Planning and Review
This final action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under the Executive
Order.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq, because this
SIP disapproval under section 110 and
subchapter I, part D of the Clean Air Act
will not in-and-of itself create any new
information collection burdens but
simply disapproves certain State
requirements for inclusion into the SIP.
Burden is defined at 5 CFR 1320.3(b).
E:\FR\FM\26SER1.SGM
26SER1
59256
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to conduct
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements unless the
agency certifies that the rule will not
have a significant economic impact on
a substantial number of small entities.
Small entities include small businesses,
small not-for-profit enterprises, and
small governmental jurisdictions. For
purposes of assessing the impacts of
today’s rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s rule on small entities,
I certify that this action will not have a
significant impact on a substantial
number of small entities. This rule does
not impose any requirements or create
impacts on small entities. This SIP
disapproval under section 110 and
subchapter I, part D of the Clean Air Act
will not in-and-of itself create any new
requirements but simply disapproves
certain State requirements for inclusion
into the SIP. Accordingly, it affords no
opportunity for EPA to fashion for small
entities less burdensome compliance or
reporting requirements or timetables or
exemptions from all or part of the rule.
The fact that the Clean Air Act
prescribes that various consequences
(e.g., higher offset requirements) may or
will flow from this disapproval does not
mean that EPA either can or must
conduct a regulatory flexibility analysis
for this action. Therefore, this action
will not have a significant economic
impact on a substantial number of small
entities.
We continue to be interested in the
potential impacts of this rule on small
entities and welcome comments on
issues related to such impacts.
mstockstill on DSK4VPTVN1PROD with RULES
D. Unfunded Mandates Reform Act
This action contains no Federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
1538 ‘‘for State, local, or tribal
governments or the private sector.’’ EPA
has determined that the disapproval
action does not include a Federal
mandate that may result in estimated
VerDate Mar<15>2010
17:00 Sep 25, 2013
Jkt 229001
costs of $100 million or more to either
State, local, or tribal governments in the
aggregate, or to the private sector. This
action disapproves pre-existing
requirements under State or local law,
and imposes no new requirements.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, result from this
action.
E. Executive Order 13132, Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, because it
merely disapproves certain State
requirements for inclusion into the SIP
and does not alter the relationship or
the distribution of power and
responsibilities established in the Clean
Air Act. Thus, Executive Order 13132
does not apply to this action.
F. Executive Order 13175, Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (59 FR 22951, November 9,
2000), because the SIP EPA is
disapproving would not 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. Thus, Executive
Order 13175 does not apply to this
action.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
PO 00000
Frm 00094
Fmt 4700
Sfmt 4700
regulation. This action is not subject to
Executive Order 13045 because it
because it is not an economically
significant regulatory action based on
health or safety risks subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997). This SIP disapproval
under section 110 and subchapter I, part
D of the Clean Air Act will not in-andof itself create any new regulations but
simply disapproves certain State
requirements for inclusion into the SIP.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. NTTAA directs EPA
to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
The EPA believes that this action is
not subject to requirements of Section
12(d) of NTTAA because application of
those requirements would be
inconsistent with the Clean Air Act.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA lacks the discretionary authority
to address environmental justice in this
E:\FR\FM\26SER1.SGM
26SER1
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
action. In reviewing SIP submissions,
EPA’s role is to approve or disapprove
state choices, based on the criteria of the
Clean Air Act. Accordingly, this action
merely disapproves certain State
requirements for inclusion into the SIP
under section 110 and subchapter I, part
D of the Clean Air Act and will not inand-of itself create any new
requirements. Accordingly, it 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.
K. Congressional Review Act
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 25, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
mstockstill on DSK4VPTVN1PROD with RULES
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
17:00 Sep 25, 2013
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 52.2273 is amended by
adding paragraph (h) to read as follows:
■
§ 52.2273
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).
VerDate Mar<15>2010
Dated: September 4, 2013.
Ron Curry,
Regional Administrator, Region 6.
Jkt 229001
Approval status.
*
*
*
*
*
(h) EPA is disapproving the Texas SIP
revisions submittals under 30 TAC
Chapter 35—Emergency and Temporary
Orders and Permits; Temporary
Suspension or Amendment of Permit
Conditions and 30 TAC Chapter 116—
Control of Air Pollution by Permits for
New Construction or Modification as
follows:
(1) The following provisions under 30
TAC Chapter 35, Subchapter A—
Purpose, Applicability and Definitions:
(i) 30 TAC 35.1—Purpose—adopted
November 18, 1998 and submitted
December 10, 1998.
(ii) 30 TAC 35.2—Applicability—
adopted November 18, 1998 and
submitted December 10, 1998.
(iii) 30 TAC 35.3—Definitions—
adopted November 18, 1998 and
submitted December 10, 1998.
(2) The following provisions under 30
TAC Chapter 35, Subchapter B—
Authority of the Executive Director:
(i) 30 TAC 35.11—Purpose and
Applicability—adopted November 18,
1998 and submitted December 10, 1998.
(ii) 30 TAC 35.12—Authority of the
Executive Director—adopted November
18, 1998 and submitted December 10,
1998.
(iii) 35.13—Eligibility of the Executive
Director—adopted November 18, 1998
and submitted December 10, 1998.
(3) The following provisions under 30
TAC Chapter 35, Subchapter C—General
Provisions:
(i) 30 TAC 35.21—Action by the
Commission or Executive Director—
adopted November 18, 1998 and
submitted December 10, 1998.
(ii) 30 TAC 35.22—Term and Renewal
of Orders—adopted November 18, 1998
and submitted December 10, 1998.
(iii) 30 TAC 35.23—Effect of Orders—
adopted November 18, 1998 and
submitted December 10, 1998.
(iv) 30 TAC 35.24—Application for
Emergency or Temporary Orders—
PO 00000
Frm 00095
Fmt 4700
Sfmt 4700
59257
adopted November 18, 1998 and
submitted December 10, 1998. No action
is taken on subsection (b) and
paragraphs (e)(6)–(7) which are outside
the scope of the SIP.
(v) 30 TAC 35.25—Notice and
Opportunity for Hearing—adopted
November 18, 1998 and submitted
December 10, 1998. No action is taken
on paragraphs (e)(1)–(8) and (11)–(15)
which are outside the scope of the SIP.
(vi) 30 TAC 35.26—Contents of
Emergency or Temporary Order—
adopted November 18, 1998 and
submitted December 10, 1998.
(vii) 30 TAC 35.27—Hearing
Required—adopted November 18, 1998
and submitted December 10, 1998.
(viii) 30 TAC 35.28—Hearing
Requests—adopted November 18, 1998
and submitted December 10, 1998.
(ix) 30 TAC 35.29—Procedures for a
Hearing—adopted November 18, 1998
and submitted December 10, 1998.
(x) 30 TAC 35.30—Application Fees—
adopted November 18, 1998 and
submitted December 10, 1998.
(4) The following provisions under 30
TAC Chapter 35, Subchapter K—Air
Orders:
(i) 30 TAC 35.801—Emergency Orders
Because of a Catastrophe—adopted
November 18, 1998 and submitted
December 10, 1998; revised June 28,
2006 and submitted July 17, 2006.
(ii) 30 TAC 35.802—Applications for
an Emergency Order—adopted August
16, 1993 and submitted August 31, 1993
(as 30 TAC 116.411); revised November
18, 1998 and submitted December 10,
1998 (as redesignated to 30 TAC
35.802); revised June 28, 2006 and
submitted July 17, 2006.
(iii) 30 TAC 35.803—Public
Notification—adopted August 16, 1993
and submitted August 31, 1993 (as 30
TAC 116.412); revised November 18,
1998 and submitted December 10, 1998
(as redesignated to 30 TAC 35.803).
(iv) 30 TAC 35.804—Issuance of an
Emergency Order—adopted November
18, 1998 and submitted December 10,
1998; revised June 28, 2006 and
submitted July 17, 2006.
(v) 30 TAC 35.805—Contents of an
Emergency Order—adopted August 16,
1993 and submitted August 31, 1993 (as
30 TAC 116.415); revised November 18,
1998 and submitted December 10, 1998
(as redesignated to 30 TAC 35.805);
revised June 28, 2006 and submitted
July 17, 2006.
(vi) 30 TAC 35.806—Requirement to
Apply for a Permit or Modification—
adopted August 16, 1993 and submitted
August 31, 1993 (as 30 TAC 116.416);
revised November 18, 1998 and
submitted December 10, 1998 (as
redesignated to 30 TAC 35.806).
E:\FR\FM\26SER1.SGM
26SER1
59258
Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
(vii) 30 TAC 35.807—Affirmation of
an Emergency Order—adopted August
16, 1993 and submitted August 31, 1993
(as 30 TAC 116.414); revised November
18, 1998 and submitted December 10,
1998 (as redesignated to 30 TAC
35.807); revised June 28, 2006 and
submitted July 17, 2006.
(viii) 30 TAC 35.808—Modification of
an Emergency Order—adopted August
16, 1993 and submitted August 31, 1993
(as 30 TAC 116.417); revised November
18, 1998 and submitted December 10,
1998 (as redesignated to 30 TAC
35.808); revised June 28, 2006 and
submitted July 17, 2006.
(ix) 30 TAC 35.809—Setting Aside an
Emergency Order—adopted August 16,
1993 and submitted August 31, 1993 (as
30 TAC 116.418); revised November 18,
1998 and submitted December 10, 1998
(as redesignated to 30 TAC 35.809).
(5) The following provision under 30
TAC Chapter 116, Subchapter K—
Emergency Orders: 30 TAC 116.1200—
Applicability—adopted August 16, 1993
and submitted August 31, 1993 (as 30
TAC 116.410); revised November 18,
1998 and submitted December 10, 1998;
revised January 11, 2006 and submitted
February 1, 2006 (as redesignated to 30
TAC 116.1200).
[FR Doc. 2013–23380 Filed 9–25–13; 8:45 am]
BILLING CODE 6560–50–P
[EPA–R03–OAR–2013–0058; FR–9901–21–
Region3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Withdrawal of Direct
Final Rule for the Update of the Motor
Vehicle Emissions Budgets for the
Lancaster 1997 8-Hour Ozone
Maintenance Area
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
EPA is withdrawing the direct
final rule to approve revisions to the
Commonwealth of Pennsylvania’s State
Implementation Plan (SIP). The
revisions consist of an update to the
SIP-approved Motor Vehicle Emissions
Budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds
(VOCs), and an updated point source
inventory for NOX and VOCs for the
1997 8-Hour Ozone National Ambient
Air Quality Standard SIP for Lancaster
County. In the direct final rule
published on August 8, 2013, the table
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
Dated: August 29, 2013.
W. C. Early,
Acting Regional Administrator, Region III.
Accordingly, the amendment to 40
CFR 52.2020(e)(1) and the additions of
40 CFR 52.2043 and 40 CFR 52.2052,
published on August 8, 2013 (78 FR
48323), are withdrawn as of September
26, 2013.
[FR Doc. 2013–23384 Filed 9–25–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R05–OAR–2011–0596; FRL–9901–09–
Region5]
40 CFR Part 52
17:00 Sep 25, 2013
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
40 CFR Parts 52 and 81
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Mar<15>2010
with the revised MVEBs contained
numerical errors. Therefore, EPA is
withdrawing this direct final rule in its
entirety. EPA will commence a separate
rulemaking action for this SIP revision.
DATES: The direct final rule published at
78 FR 48323 on August 8, 2013, is
withdrawn as of September 26, 2013.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
Jkt 229001
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Redesignation of the DaytonSpringfield Area to Attainment of the
1997 Annual Standard for Fine
Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is granting, under the
Clean Air Act (CAA), the State of Ohio’s
June 1, 2011, request to redesignate the
Dayton-Springfield (Dayton)
nonattainment area (Clark, Greene, and
Montgomery Counties) to attainment for
the 1997 annual national ambient air
quality standard (NAAQS or standard)
for fine particulate matter (PM2.5). EPA
is approving the related state
implementation plan (SIP) elements
including comprehensive emissions
inventories, the maintenance plan, and
the motor vehicle emissions budgets
(MVEBs). EPA has determined that the
area has attained the standard and
proposed to approve Ohio’s request on
July 26, 2013.
DATES: This final rule is effective on
September 26, 2013.
SUMMARY:
PO 00000
Frm 00096
Fmt 4700
Sfmt 4700
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2011–0596. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Matt
Rau, Environmental Engineer, at (312)
886–6524 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
ADDRESSES:
I. Background Information
II. What are the Responses to Comments?
III. What final action is epa taking?
IV. Statutory and Executive Order Reviews
I. Background Information
On June 1, 2011, Ohio submitted a
request for EPA to redesignate the
Dayton-Springfield, Ohio nonattainment
area to attainment of the 1997 annual
PM2.5 NAAQS. Ohio also requested EPA
approval of the SIP revision containing
an emissions inventory and a
maintenance plan for the area.
In a supplemental submission to EPA
on April 30, 2013, Ohio submitted
ammonia (NH3) and volatile organic
compounds (VOC) emissions
inventories to supplement the emissions
inventories for PM2.5, nitrogen oxides
(NOX), and sulfur dioxide (SO2) that
were submitted on June 1, 2011.
EPA proposed to redesignate the
Dayton area and to approve related
elements on July 26, 2013 (78 FR
45135). This action included the
proposed approval of a comprehensive
emissions inventory for PM2.5, NOX,
SO2, NH3, and VOC, a maintenance
E:\FR\FM\26SER1.SGM
26SER1
]]>Agencies
[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59250-59258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23380]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2006-0600; FRL-990-30-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to New Source Review (NSR) State Implementation Plan (SIP);
Emergency Orders
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to disapprove revisions to the
State Implementation Plan (SIP) for the State of Texas that relate to
Emergency Orders. This includes portions of SIP revisions that relate
to Emergency Orders that were submitted by Texas on August 31, 1993;
December 10, 1998; February 1, 2006; and July 17, 2006. EPA is
disapproving these revisions because these regulations do not meet the
requirements of the Clean Air Act (the ``Act'' or ``CAA''), EPA
regulations, and applicable policy and guidance. EPA is taking this
action under section 110 and parts C and D of Title I of the Act.
DATES: This final rule is effective on October 28, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2006-0600. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through 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. To inspect the hard
copy materials, please schedule an appointment with the person listed
in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill
Deese at 214-665-7253.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Mohr, Air Permits Section
(6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7289; fax
number (214) 665-6762; email address mohr.ashley@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. What action is EPA taking?
II. What is the background?
A. Summary of Our Proposed Action
B. Summary of the Submittals Addressed in this Final Action
III. Responses to Comments
IV. What are the grounds for this disapproval action of the Texas
Emergency Orders Program?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is taking final action to disapprove the Texas Emergency Orders
Program as submitted by Texas on August 31, 1993, as revised by the
December 10, 1998, February 1, 2006, and July 17, 2006 SIP revision
submittals. These submittals include the initial adoption of 30 TAC
116.410
[[Page 59251]]
through 116.418, the initial adoption of 30 TAC Chapter 35, and
subsequent revisions to sections within these regulations. EPA has
concluded that the Emergency Orders Program contained in these
regulations does not meet the requirements of the Act and the EPA's New
Source Review (NSR) regulations.
EPA proposed disapproval of the above SIP revision submittals on
February 5, 2013 (78 FR 8076). We accepted comments from the public on
this proposal from February 5, 2013 until March 7, 2013. A summary of
the comments received and our evaluation and response thereof is
discussed in section III below. In the proposal and in the Technical
Support Document (TSD), we described our basis for the actions
identified above. The reader should refer to the proposal, the TSD,
section IV of this notice, and the Response to Comments in section III
of this notice for additional information relating to our final action.
EPA is disapproving the submitted Texas Emergency Orders Program as
not meeting all the requirements applicable to New Source Review (NSR).
Specifically, the issuance of Emergency Orders to projects that are
subject to Major NSR fail to meet the requirements of the CAA and the
implementing regulations as follows:
The Emergency Orders Program does not satisfy the public
participation required for NSR at the time the Emergency Order is
issued; and
The Emergency Orders Program does not meet the requirement
that a NSR permit be issued prior to the commencement of construction
of a Major Source.
The provisions in these submittals relating to the Texas Emergency
Orders Program that include the 30 TAC Chapter 116.410 through 116.418
and Chapter 35 regulatory provisions were not submitted to meet a
mandatory requirement of the Act. Therefore, this final action to
disapprove the submitted Texas Emergency Orders Program does not
trigger a sanctions or Federal Implementation Plan clock. See CAA
section l79(a).
II. What is the background?
A. Summary of Our Proposed Action
On February 5, 2013, EPA proposed to disapprove revisions to the
SIP submitted by the State of Texas that relate to the Emergency Orders
Program. Texas submitted these SIP revisions on August 31, 1993;
December 10, 1998; February 1, 2006; and July 17, 2006. Table 1
summarizes these SIP revision submittals and their associated affected
provisions that we proposed to disapprove in our February 5, 2013
action.
Our February 5, 2013 proposal provides a detailed description of
the submittals and the rationale for EPA's proposed action, together
with a discussion of the opportunity to comment. The public comment
period for this action closed on March 7, 2013.
B. Summary of the Submittals Addressed in This Final Action
Tables 1 and 2 below summarize the changes that are in the SIP
revision submittals. A summary of EPA's evaluation of each section and
the basis for this final action is discussed in sections III through V
of this notice. The TSD (which is located in the docket) includes a
detailed evaluation of the submittals.
Table 1--Summary of Pending SIP Submittals Addressed in this Action
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date
Date Date effective
Description of SIP submittal submitted adopted by as State Sections related to emergency orders
to EPA State rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Original Recodification of 8/31/1993 8/16/1993 9/13/1993 Chapter 116: Submittal of sections 116.410 through 116.418.
Chapter 116.
Emergency and Temporary 12/10/1998 11/18/1998 12/10/1998 Chapter 35: Submittal of sections 35.1-35.3, 35.11-35.13, 35.21-35.30, and 35.801-
Orders. 35.809.
Chapter 116: Revisions to section 116.410; Repeal of sections 116.411-116.418,
which were replaced by sections 35.802-35.809.
Federal New Source Review 2/1/2006 1/11/2006 2/1/2006 Chapter 116: Recodification of Sec. 116.410 to Sec. 116.1200.
Permits Rules.
Revision to Provisions for 7/17/2006 6/28/2006 7/19/2006 Chapter 35: Revisions to sections 35.801, 35.802, 35.804, 35.805, 35,807, and
Emergency Orders. 35.808.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Summary of the Individual Revisions to Each Section Evaluated
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date Effective
Section--title submitted Adopted by as State Comments
to EPA State rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 TAC Chapter 35--Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permits Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter A--Purpose, Applicability, and Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 35.1--Purpose........................ 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Section 35.2--Applicability.................. 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Section 35.3--Definitions.................... 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter B--Authority of the Executive Director
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 35.11--Purpose and Applicability..... 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Section 35.12--Authority of the Executive 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Director.
Section 35.13--Eligibility of the Executive 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Director.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter C--General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 35.21--Action by the Commission or 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Executive Director.
[[Page 59252]]
Section 35.22--Term and Renewal of Orders.... 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Sec. 35.23--Effect of Orders............... 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Section 35.24--Application for Emergency or 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Temporary Orders.
Section 35.25--Notice and Opportunity for 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Hearing.
Section 35.26--Contents of Emergency or 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Temporary Orders.
Section 35.27--Hearing Required.............. 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Section 35.28--Hearing Requests.............. 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Sec. 35.29--Procedures for a Hearing....... 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Section 35.30--Application Fees.............. 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter K--Air Orders \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 35.801--Emergency Orders Because of 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Catastrophe. 7/17/2006 6/28/2006 7/19/2006 Revisions to section 35.801.
Sec. Sec. 35.802--Application for an 8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.411.
Emergency Order.
12/10/1998 11/18/1998 12/10/1998 Redesignated to section 35.802;
Revisions to introductory paragraph;
Revisions to paragraphs (1)-(8);
New paragraph (9); and
Redesignate former paragraph (9) to paragraph (10) with
revisions.
7/17/2006 6/28/2006 7/19/2006 Revisions to introductory paragraph (1) and paragraph (5).
Section 35.803--Public Notification.......... 8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.412.
12/10/1998 11/18/1998 12/10/1998 Redesignated to section 35.803; and
Revisions to introductory paragraph.
Section 35.804--Issuance of an Emergency 12/10/1998 11/18/1998 12/10/1998 Initial adoption.
Order.
7/17/2006 6/28/2006 7/19/2006 Revision to paragraphs (1) and (1)(C).
Section 35.805--Contents of an Emergency 8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.415.
Order.
12/10/1998 11/18/1998 12/10/1998 Redesignated to section 35.805; and
Revision to introductory paragraph and paragraphs (1)-(4).
7/17/2006 6/28/2006 7/19/2006 Reorganization of paragraph (3) to paragraphs (3),
(3)(A), and (3)(B);
New paragraph 3)(C);
New paragraph (4); and
Redesignation of existing paragraph (4) to paragraph (5)
with revisions.
Section 35.806--Requirement to Apply for a 8/31/1993 8/16/1993 9/13/1993 Initial adoption as Sec. 116.416.
Permit or Modification. 12/10/1998 11/18/1998 12/10/1998 Redesignated to section 35.806; and
Revisions to introductory paragraph.
Section 35.807--Affirmation of an Emergency 8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.414.
Order.
12/10/1998 11/18/1998 12/10/1998 Redesignated to section 35.807; and
Revisions to the introductory paragraph, paragraphs (1)-
(3);
New paragraph (4);
Redesignation of former (4)-(5) to paragraphs (5)-(6)
with revisions.
7/17/2006 6/28/2006 7/19/2006 Revisions to paragraph (1).
Reorganization of paragraph (5) into paragraphs (5),
(5)(A), and (5)(B); and
New paragraph (5)(C).
Section 35.808--Modification of an Emergency 8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.417.
Order.
12/10/1998 11/18/1998 12/10/1998 Redesignated to section 35.808; and
Revisions to paragraphs (1)-(3).
7/17/2006 6/28/2006 7/19/2006 Revision to paragraph (1).
Section 35.809--Setting Aside an Emergency 8/31/1993 8/16/1993 9/13/1993 Adopted as Sec. 116.418.
Order.
12/10/1998 11/18/1998 12/10/1998 Redesignated to section 35.809; and
Revision to introductory paragraph.
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 TAC Chapter 116--Control of Air Pollution by Permits for New Construction or Modification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter K--Emergency Orders
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.1200--Applicability.............. 8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.410.
12/10/1998 11/18/1998 12/10/1998 Revised introductory paragraph.
2/1/2006 1/11/2006 2/1/2006 Redesignated to section 116.1200.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 59253]]
In general, the regulations governing Emergency Orders are found in
30 TAC Chapter 35--Emergency and Temporary Orders and Permits;
Temporary Suspension or Amendment of Permit Conditions. These
regulations provide the process by which the Texas Commission on
Environmental Quality (TCEQ) may issue a Temporary Order, Emergency
Order, Mandatory Order, Permissive Order, and Prohibitory Order and
include provisions that apply to both air orders and non-air orders. As
part of this action, we are disapproving only those portions that are
applicable to the issuance of air Emergency Orders. As noted in our
proposed action on February 5, 2013, EPA returned the non-air portions
of the aforementioned submittals to the State. Under the CAA, SIPs can
only include provisions addressing air quality, so the portions of the
Texas submittals related to non-air orders cannot be included in the
SIP.\2\
---------------------------------------------------------------------------
\1\ On August 18, 1993, sections 116.411 through 116.418 were
adopted under Chapter 116, Subchapter E--Emergency Orders. On
November 18, 1998, these regulations were replaced with sections
35.802 through 35.809 and placed in Chapter 35, Subchapter K.
\2\ As part of this final rulemaking, we would like to provide
clarification that a SIP is not limited only to provisions that
address criteria pollutants and their precursors. Our intent in
mentioning the scope of the SIP in our proposal (78 FR 8076,
February 5, 2013) was only to differentiate between the air and non-
air related provisions contained in the August 31, 1993, December
10, 1998, February 1, 2006, and July 17, 2006 SIP revision
submittals. With this rulemaking, we are providing clarification
that the SIP is limited to provisions that address air quality;
therefore, the non-air portions of the SIP submittals received from
Texas were returned to the state.
---------------------------------------------------------------------------
Today, EPA is disapproving the regulations identified in Table 2
above, except for provisions that do not relate to the air quality
requirements of the Act. EPA returned the following non-air portions of
the submitted rules to the State: 30 TAC 35.13; 35.24(b) and (e)(6)-
(7); and 35.25(e)(1)-(8) and (11)-(15). Other state and local agencies
operate programs similar to the Emergency Orders Program. In these
cases, the regulations containing the provisions related to those
programs are located within the states' air quality permitting
regulations, not in the SIP. EPA may exercise its enforcement
discretion on a case-by-case basis to evaluate the owner or operator's
proposed action in response to a catastrophe and utilize enforcement
discretion to allow for appropriate immediate actions to minimize
impacts and restore the sources to full operation.
III. Responses to Comments
The Federal Register proposing disapproval of these SIP revisions
was published on February 5, 2013 at 78 FR 8076, and the public comment
period closed on March 7, 2013. In response to our proposal, we
received comments from the following: Baker Botts, L.L.P. on behalf of
Business Coalition for Clean Air Appeal Group (BCCA); Baker Botts,
L.L.P. on behalf of Texas Industry Project (TIP); and the Texas
Commission on Environmental Quality (TCEQ). EPA has summarized the
comments below; the complete comment letters received are available for
review in the docket for this rulemaking.
Comment 1: TCEQ comments that the Emergency Orders rules are not
intended to substitute for the SIP-approved NSR permitting processes,
and the rules require that the regulated entities that are issued an
Emergency Order are required to undergo the NSR permitting processing
on a specific timeframe to obtain necessary NSR authorizations.
Response: EPA agrees that the Emergency Orders rules are not
submitted as a substitute for the current SIP-approved NSR permitting
process. However, the issuance of an Emergency Order under the
submitted program precedes the NSR permitting process and authorizes
construction prior to the SIP-approved NSR permitting process
occurring. The CAA does not provide an option to authorize construction
prior to the completion of the NSR permitting process. While the
submitted rules require that a source obtain the necessary NSR
authorization(s) within a specified timeframe, the initial
authorization via the Emergency Order allows a source to commence
construction prior to the source undergoing the required NSR permitting
process. Because the issued Emergency Order is the initial
preconstruction authorization, the program must be evaluated to
determine if it meets the applicable requirements for NSR.
Comment 2: TCEQ comments that the review of Emergency Orders
applications and the orders themselves ensure or require compliance
with the requirement that any construction or modification will not
interfere with the attainment or maintenance of the NAAQS or violate
applicable portions of the control strategy. TCEQ further comments that
case-by-case enforcement discretion does not have the same protective
outcome for the environment as the Emergency Orders Program and does
not satisfy the public participation required for either major or minor
NSR in the Clean Air Act.
Response: EPA is not disputing the merits of the technical review
process that TCEQ facilitates as part of the Emergency Orders Program.
However, Texas submitted the Emergency Orders Program as a revision to
the State's SIP. Therefore, as part of this action we are evaluating
the Emergency Orders Program to determine if it is consistent with the
applicable CAA requirements, EPA regulations, and applicable policy and
guidance.
EPA does not agree that the case-by-case enforcement discretion
approach described in our proposed action does not have the same
protective outcome for the environment as the Texas Emergency Orders
Program. On page 78 FR 8081 of our proposed action, we described a
real-world approach of applying the state-only Emergency Orders
Program, including the review process outlined in the program rules,
with case-by-case EPA enforcement discretion. This described approach
would maintain the elements of the Texas Emergency Orders Program
technical review and couple it with the EPA's case-by-case evaluation
of the owner or operator's proposed action in response to a
catastrophe. Therefore, the approach discussed by EPA in our proposal
would not be any less protective than a stand-alone Emergency Orders
Program and can still allow for facilities to take appropriate
immediate actions to bring a source back up to full operation and
minimize additional impacts resulting from the catastrophe.
In response to TCEQ's statement regarding public participation
requirements and enforcement discretion, the public participation
requirements cited by EPA in our proposed action as the basis of our
disapproval are applicable to SIP revisions that are submitted to EPA
for review and approval into the SIP, and would not apply to our
proposed utilization of EPA's enforcement discretion. As stated
previously, on a case-by-case basis EPA would evaluate proposed actions
in response to a catastrophe and would utilize its enforcement
discretion to allow for appropriate immediate actions to minimize
impacts and restore the sources to full operation.
Comment 3: TCEQ comments that the case-by-case approach described
by EPA in the proposed action does not provide legal certainty of
approved rules and forces companies to evaluate the costs of the risks
of violating the CAA provisions at times when quick action is
necessary. TCEQ states that the Emergency Orders rules allow regulated
entities to obtain needed authorizations for immediate actions in
response to natural disasters and other defined catastrophes while
mitigating the economic risks regulated entities have to calculate and
consider from fines and penalties associated with unauthorized
[[Page 59254]]
air emissions that could hinder necessary immediate actions.
Response: The practice described in our proposal notice is simply a
description of state-EPA interaction utilized by sources located in
other states. Companies in those states are not required to utilize
this practice, and can use available SIP-approved permitting mechanisms
to address their needs. Similarly, companies in Texas can address their
needs using permitting mechanisms available in the Texas SIP.
Texas submitted the Emergency Orders Program as a revision to the
State's SIP. Therefore, EPA is evaluating the SIP revision submittal to
determine if the program meets the requirements of the CAA, EPA
regulations, and applicable policy and guidance. In the case where a
submitted SIP revision, like the Texas Emergency Orders Program, does
not meet the applicable CAA requirements or is inconsistent with EPA
regulations, policy, or guidance, we cannot approve that revision into
a SIP.
Comment 4: TCEQ indicates that they had previously provided various
documents to EPA during informal discussions to illustrate how the
Emergency Orders rules are compliant with the CAA, and that they can
provide this information again, if necessary.
Response: EPA did receive from Texas three orders signed by the
TCEQ Commissioners affirming Emergency Orders previously issued by the
Executive Director of the TCEQ. These documents were not persuasive in
demonstrating that the Emergency Orders Program met the requirements of
the CAA, as described in Section IV of this notice.\3\
---------------------------------------------------------------------------
\3\ Rather, the orders showed that companies were allowed to
construct and operate without prior public notice, and prior to the
issuance of a SIP-approved permit. For example, one order (94-0722-
AIR) allowed a facility to construct, operate, shut down, and
dismantle two temporary boilers at a polypropylene unit at a
chemical plant. The public was provided notice of the Emergency
Order four days after the boilers were dismantled. The three orders
submitted by Texas are available for review in the docket of this
rulemaking.
---------------------------------------------------------------------------
Comment 5: TCEQ notes that EPA has approved similar rules for other
states to address emergency conditions, including the rules for New
Mexico.
Response: EPA is currently evaluating the rules currently approved
into the New Mexico SIP to determine what action, if any, is needed to
ensure that the State's SIP is consistent with the applicable CAA
requirements, EPA regulations, and applicable policy and guidance. If
it is determined that some action is needed regarding the New Mexico
SIP, EPA will address that in a separate action and rulemaking. This
final action addresses only those aforementioned SIP revision
submittals submitted by Texas related to the State's Emergency Orders
Program.
Comment 6: BCCA and TIP comment that the Emergency Orders Program
satisfies all statutory requirements for SIP approval, including
compliance with the NAAQS, and will often result in a facility that is
issued an Emergency Order being subject to more stringent requirements
than those that might otherwise be required.
Response: We do not agree that the Emergency Orders Program
satisfies statutory requirements for SIP approval. As detailed in our
proposed action, the proposed SIP revisions related to Emergency Orders
do not meet all of the requirements applicable to NSR. Specifically,
the issuance of Emergency Orders to projects that are subject to Major
NSR fails to satisfy the public participation required for NSR at the
time the order is issued and does not meet the requirement that a NSR
permit be issued prior to the commencement of construction of a Major
Source. The basis of our disapproval, as outlined in our proposed
action, is that the Emergency Orders Program fails to meet these NSR
requirements.
Comment 7: BCCA and TIP comment that many, if not most, projects
eligible for an Emergency Order may not reflect a new major stationary
source or a major modification, and that they are unaware of a
situation in which an Emergency Order has been used to circumvent major
NSR requirements. The commenters also state that Emergency Orders
Program has been an appropriate complement to the minor NSR permitting
requirements where prompt actions are necessary in response to a
catastrophe. BCCA and TIP further comment that if EPA disapproves the
Emergency Orders Program on the basis of Major NSR concerns, that EPA
would be making the minor NSR program subject to the same requirements
for SIP approval as Major NSR programs. The commenters state that if
EPA were to identify a proper basis to disapprove the program, EPA
should do so to the most limited extent possible. BCCA and TIP
reference a recent court decision that indicated that in cases where
EPA had concerns that a state program would enable circumvention of
Major NSR requirements, ``EPA might have made use of its conditional
approval authority'' rather than disapproving the entire program.
Response: Under the submitted provisions found in 30 TAC Chapter
35, the TCEQ may issue an order under its Emergency Orders Program that
authorizes immediate action for the addition, replacement, or repair of
facilities, control equipment, or the repair or replacement of roads,
bridges, and other infrastructure whenever a catastrophe necessitates
such construction and emissions otherwise precluded under the Texas
Clean Air Act. See 30 TAC 35.801. The Emergency Orders Program SIP
revisions submitted by Texas for review by EPA do not limit the program
solely to Minor NSR actions. The submitted SIP revisions and the
proposed regulations contained in the submittals do not provide any
indication that the program is limited only to Minor NSR.\4\ Therefore,
EPA's evaluation of the SIP revisions includes a comparison with Major
NSR requirements. As noted in our proposed action, the Emergency Orders
Program does not meet all applicable requirements for Major NSR.
---------------------------------------------------------------------------
\4\ In the December 10, 1998 SIP revision submittal, the record
indicates that while it is not anticipated for most situations it is
possible that construction at a facility in response to a
catastrophe could trigger Major NSR. The record also indicates that
the issuance of an Emergency Order to authorize Major NSR actions in
response to a catastrophe under the proposed program is possible.
---------------------------------------------------------------------------
We do not agree that the disapproval of the Emergency Orders
Program on the basis of our Major NSR concerns would be making the
State's Minor NSR program subject to the same standards for SIP
approval for Major NSR. The Emergency Orders Program as submitted by
Texas applies to both Major and Minor NSR and, consequently, must be
evaluated against all applicable federal requirements, including those
for both Major and Minor NSR. Further, as we noted in our proposed
action, the Minor NSR program requires public participation as part of
the construction permitting process, see 40 CFR 51.161, which the
Emergency Orders Program does not.\5\
---------------------------------------------------------------------------
\5\ The Minor NSR requirements for public participation are
found at 40 CFR 51.161, and require prior to construction or
modification the availability for public inspection of information
regarding the construction (including the State's analysis of the
effect on air quality), a 30-day period for submittal of public
comment, and a notice by prominent advertisement in the area
affected. EPA recognizes a state's ability to tailor the scope of
its Minor NSR program as necessary to achieve and maintain the
NAAQS. See 77 FR 74140.
---------------------------------------------------------------------------
Regarding conditional approvals, the CAA does provide that EPA may
conditionally approve a SIP submittal ``based on a commitment of the
state to adopt specific enforceable measures by a date certain, but not
later than 1 year after the date of approval of the plan revision.''
See CAA 110(k)(4). However, in order to conditionally approve the SIP
revisions related to the Emergency Orders Program, we would need a
commitment from Texas to make
[[Page 59255]]
revisions to the submitted rules, as necessary, to address our concerns
(including the concerns outlined in our proposed disapproval notice)
and meet all applicable requirements. To date, EPA has not received any
such commitment from Texas that would allow for EPA to use its
conditional approval authority.
Comment 8: BCCA and TIP comment that they believe that the
Emergency Orders Program is more stringent than the enforcement
discretion approach recommended by EPA. The commenters state that an
enforcement discretion approach provides no standards for an agency to
allow construction or modification in response to a catastrophe;
whereas, the Emergency Orders Program has specific requirements that
must be met by an issued Emergency Order.
Response: The EPA's enforcement discretion approach and the TCEQ's
Emergency Orders Program both provide a process for the agencies to
follow when evaluating actions proposed by emission sources in response
to catastrophes, including natural disasters. Both approaches achieve
the overall goal of coordinating a review process in order to allow the
source to take appropriate actions in response to a catastrophe. The
use of the different processes is not an issue of stringency. It is an
issue of the most effective means available to the agencies to quickly
achieve the overall goal.
IV. What are the grounds for this disapproval action of the Texas
Emergency Orders Program?
EPA is disapproving the revisions to the SIP submitted by the State
of Texas that relate to the Emergency Orders Program, identified in
Tables 1 and 2. EPA proposed disapproval of the Emergency Orders
Program and solicited public comments. EPA has reviewed and responded
to the comments (including adverse comments), and EPA is taking this
final action to disapprove the Emergency Orders Program based on the
reasons discussed below.
Based on our evaluation, EPA has found that the proposed Emergency
Orders Program does not meet all applicable requirements of the CAA,
EPA regulations, and applicable policy and guidance. Specifically, the
issuance of Emergency Orders to projects that are subject to Major NSR
fail to meet the requirements of the Clean Air Act and the implementing
regulations as described below:
A. The Emergency Orders Program Does Not Satisfy the Public
Participation Required for NSR at the Time the Emergency Order Is
Issued
As stated in our proposed action, the Emergency Orders Program
fails to satisfy the public participation requirements for Major NSR at
the time the Emergency Order is issued. Instead, the applicable public
participation for Major NSR projects will take place after the issuance
of the Emergency Order when the applicant submits their application for
a Major NSR permit. Meanwhile, the applicant is authorized by the
Emergency Order to begin construction of the Major NSR project prior to
permit application submission and permit issuance. Consequently, the
public is not afforded an opportunity to review and comment on the
proposed project (as required under the CAA and implementing
regulations) until after construction has begun; thus the public has
not been provided meaningful opportunity to participate prior to
commencement of construction of the Major NSR project. See 40 CFR
51.161 and 51.166(q).
B. The Emergency Orders Program Does Not Meet the Requirement That a
NSR Permit Be Issued Prior to the Commencement of Construction of a
Major Source
While EPA agrees with commenters that the Emergency Orders Program
will not replace the current SIP approved NSR permitting processes,
including Major NSR, the program does provide an interim authorization
for immediate action, including construction, following a catastrophe
via the issuance of an Emergency Order. The issued order is not a final
issued Major NSR permit. If the proposed action authorized under an
Emergency Order is subject to Major NSR, the Emergency Orders Program
requires that the source apply for a Major NSR permit within 60 days
following the issuance of the order. These permits are required to be
applied for and issued in accordance with the applicable NSR
requirements. However, the NSR permitting would occur following the
commencement of construction at the source, which is not consistent
with the CAA requirements. For PSD see CAA at Sec. 165(a)(1) and 40
CFR 51.166(a)(7)(iii). For NNSR see CAA Sec. 172(c)(5) and 40 CFR
51.165(a)(2)(i)-(iii).
In summary, for the reasons stated above, the submitted Emergency
Orders Program is not approvable in the Texas SIP because it does not
meet all of the applicable requirements of the CAA, EPA regulations,
and applicable policy and guidance. Some commenters state that EPA
could limit its disapproval of the Emergency Orders Program by
exercising its conditional approval authority. As discussed in our
response to comments, a conditional approval requires a commitment from
the State to make revisions to the submitted rules, as necessary, to
address our concerns and meet all applicable requirements. See CAA
110(k)(4). To date, EPA has not received any commitment from Texas that
would allow for EPA to use its conditional approval authority.
Therefore, for the reasons discussed above, we are taking final
action to disapprove the SIP revision submittals relating to the Texas
Emergency Orders Program as submitted by Texas on the August 31, 1993,
December 10, 1998, February 1, 2006, and July 17, 2006.
V. Final Action
EPA is disapproving the Texas Emergency Orders Program submitted in
a series of SIP revisions, indentified in the Tables in section II of
this preamble. These affected provisions are addressed in the August
31, 1993, as revised by the December 10, 1998, February 1, 2006, and
July 17, 2006 SIP revision submittals submitted by Texas.
EPA is disapproving the aforementioned SIP revisions submittals
because these regulations do not meet the requirements of the CAA, EPA
regulations, and applicable policy and guidance. EPA is taking this
action under section 110 and parts C and D of Title I of the Act. We
are not taking on action the non-air portions of the referenced SIP
revision submittals, which are beyond the scope of the SIP and were
returned to the State.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
This final action is not a ``significant regulatory action'' under
the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq,
because this SIP disapproval under section 110 and subchapter I, part D
of the Clean Air Act will not in-and-of itself create any new
information collection burdens but simply disapproves certain State
requirements for inclusion into the SIP. Burden is defined at 5 CFR
1320.3(b).
[[Page 59256]]
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. For purposes of assessing the impacts of today's rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's rule on small
entities, I certify that this action will not have a significant impact
on a substantial number of small entities. This rule does not impose
any requirements or create impacts on small entities. This SIP
disapproval under section 110 and subchapter I, part D of the Clean Air
Act will not in-and-of itself create any new requirements but simply
disapproves certain State requirements for inclusion into the SIP.
Accordingly, it affords no opportunity for EPA to fashion for small
entities less burdensome compliance or reporting requirements or
timetables or exemptions from all or part of the rule. The fact that
the Clean Air Act prescribes that various consequences (e.g., higher
offset requirements) may or will flow from this disapproval does not
mean that EPA either can or must conduct a regulatory flexibility
analysis for this action. Therefore, this action will not have a
significant economic impact on a substantial number of small entities.
We continue to be interested in the potential impacts of this rule
on small entities and welcome comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 ``for State, local, or tribal governments or the private
sector.'' EPA has determined that the disapproval action does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This action disapproves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
E. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, because it merely disapproves
certain State requirements for inclusion into the SIP and does not
alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, Executive
Order 13132 does not apply to this action.
F. Executive Order 13175, Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (59 FR 22951, November 9, 2000), because the SIP
EPA is disapproving would not 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. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it because it is
not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997). This SIP disapproval under section 110 and subchapter I, part D
of the Clean Air Act will not in-and-of itself create any new
regulations but simply disapproves certain State requirements for
inclusion into the SIP.
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
The EPA believes that this action is not subject to requirements of
Section 12(d) of NTTAA because application of those requirements would
be inconsistent with the Clean Air Act.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA lacks the discretionary authority to address environmental
justice in this
[[Page 59257]]
action. In reviewing SIP submissions, EPA's role is to approve or
disapprove state choices, based on the criteria of the Clean Air Act.
Accordingly, this action merely disapproves certain State requirements
for inclusion into the SIP under section 110 and subchapter I, part D
of the Clean Air Act and will not in-and-of itself create any new
requirements. Accordingly, it 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.
K. Congressional Review Act
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).
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 25, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 4, 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 52.2273 is amended by adding paragraph (h) to read as
follows:
Sec. 52.2273 Approval status.
* * * * *
(h) EPA is disapproving the Texas SIP revisions submittals under 30
TAC Chapter 35--Emergency and Temporary Orders and Permits; Temporary
Suspension or Amendment of Permit Conditions and 30 TAC Chapter 116--
Control of Air Pollution by Permits for New Construction or
Modification as follows:
(1) The following provisions under 30 TAC Chapter 35, Subchapter
A--Purpose, Applicability and Definitions:
(i) 30 TAC 35.1--Purpose--adopted November 18, 1998 and submitted
December 10, 1998.
(ii) 30 TAC 35.2--Applicability--adopted November 18, 1998 and
submitted December 10, 1998.
(iii) 30 TAC 35.3--Definitions--adopted November 18, 1998 and
submitted December 10, 1998.
(2) The following provisions under 30 TAC Chapter 35, Subchapter
B--Authority of the Executive Director:
(i) 30 TAC 35.11--Purpose and Applicability--adopted November 18,
1998 and submitted December 10, 1998.
(ii) 30 TAC 35.12--Authority of the Executive Director--adopted
November 18, 1998 and submitted December 10, 1998.
(iii) 35.13--Eligibility of the Executive Director--adopted
November 18, 1998 and submitted December 10, 1998.
(3) The following provisions under 30 TAC Chapter 35, Subchapter
C--General Provisions:
(i) 30 TAC 35.21--Action by the Commission or Executive Director--
adopted November 18, 1998 and submitted December 10, 1998.
(ii) 30 TAC 35.22--Term and Renewal of Orders--adopted November 18,
1998 and submitted December 10, 1998.
(iii) 30 TAC 35.23--Effect of Orders--adopted November 18, 1998 and
submitted December 10, 1998.
(iv) 30 TAC 35.24--Application for Emergency or Temporary Orders--
adopted November 18, 1998 and submitted December 10, 1998. No action is
taken on subsection (b) and paragraphs (e)(6)-(7) which are outside the
scope of the SIP.
(v) 30 TAC 35.25--Notice and Opportunity for Hearing--adopted
November 18, 1998 and submitted December 10, 1998. No action is taken
on paragraphs (e)(1)-(8) and (11)-(15) which are outside the scope of
the SIP.
(vi) 30 TAC 35.26--Contents of Emergency or Temporary Order--
adopted November 18, 1998 and submitted December 10, 1998.
(vii) 30 TAC 35.27--Hearing Required--adopted November 18, 1998 and
submitted December 10, 1998.
(viii) 30 TAC 35.28--Hearing Requests--adopted November 18, 1998
and submitted December 10, 1998.
(ix) 30 TAC 35.29--Procedures for a Hearing--adopted November 18,
1998 and submitted December 10, 1998.
(x) 30 TAC 35.30--Application Fees--adopted November 18, 1998 and
submitted December 10, 1998.
(4) The following provisions under 30 TAC Chapter 35, Subchapter
K--Air Orders:
(i) 30 TAC 35.801--Emergency Orders Because of a Catastrophe--
adopted November 18, 1998 and submitted December 10, 1998; revised June
28, 2006 and submitted July 17, 2006.
(ii) 30 TAC 35.802--Applications for an Emergency Order--adopted
August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.411);
revised November 18, 1998 and submitted December 10, 1998 (as
redesignated to 30 TAC 35.802); revised June 28, 2006 and submitted
July 17, 2006.
(iii) 30 TAC 35.803--Public Notification--adopted August 16, 1993
and submitted August 31, 1993 (as 30 TAC 116.412); revised November 18,
1998 and submitted December 10, 1998 (as redesignated to 30 TAC
35.803).
(iv) 30 TAC 35.804--Issuance of an Emergency Order--adopted
November 18, 1998 and submitted December 10, 1998; revised June 28,
2006 and submitted July 17, 2006.
(v) 30 TAC 35.805--Contents of an Emergency Order--adopted August
16, 1993 and submitted August 31, 1993 (as 30 TAC 116.415); revised
November 18, 1998 and submitted December 10, 1998 (as redesignated to
30 TAC 35.805); revised June 28, 2006 and submitted July 17, 2006.
(vi) 30 TAC 35.806--Requirement to Apply for a Permit or
Modification--adopted August 16, 1993 and submitted August 31, 1993 (as
30 TAC 116.416); revised November 18, 1998 and submitted December 10,
1998 (as redesignated to 30 TAC 35.806).
[[Page 59258]]
(vii) 30 TAC 35.807--Affirmation of an Emergency Order--adopted
August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.414);
revised November 18, 1998 and submitted December 10, 1998 (as
redesignated to 30 TAC 35.807); revised June 28, 2006 and submitted
July 17, 2006.
(viii) 30 TAC 35.808--Modification of an Emergency Order--adopted
August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.417);
revised November 18, 1998 and submitted December 10, 1998 (as
redesignated to 30 TAC 35.808); revised June 28, 2006 and submitted
July 17, 2006.
(ix) 30 TAC 35.809--Setting Aside an Emergency Order--adopted
August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.418);
revised November 18, 1998 and submitted December 10, 1998 (as
redesignated to 30 TAC 35.809).
(5) The following provision under 30 TAC Chapter 116, Subchapter
K--Emergency Orders: 30 TAC 116.1200--Applicability--adopted August 16,
1993 and submitted August 31, 1993 (as 30 TAC 116.410); revised
November 18, 1998 and submitted December 10, 1998; revised January 11,
2006 and submitted February 1, 2006 (as redesignated to 30 TAC
116.1200).
[FR Doc. 2013-23380 Filed 9-25-13; 8:45 am]
BILLING CODE 6560-50-P
