Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to Rules and Regulations for Control of Air Pollution; Permitting of Grandfathered Facilities, 63929-63933 [2013-25262]

Download as PDF Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules High-Density and High-Density Plus may be included in FSS 5-digit scheme pools. * * * * * Stanley F. Mires, Attorney, Legal Policy & Legislative Advice. 29.0 [FR Doc. 2013–24980 Filed 10–24–13; 8:45 am] * Destination Entry * * * BILLING CODE 7710–P * 29.4 Destination Sectional Center Facility * * 29.4.2 * * these changes if our proposal is adopted. ENVIRONMENTAL PROTECTION AGENCY * Price Eligibility 40 CFR Part 52 Determine price eligibility as follows: * * * * [Delete the last sentence of the introductory text of 29.4.2b, and delete 29.4.2b1 and b2 in their entirety.] * * * * * [Renumber current 29.5. as new 29.6, and add a new 29.5 as follows:] * [EPA–R06–OAR–2011–0202; FRL–9902–04– Region 6] Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to Rules and Regulations for Control of Air Pollution; Permitting of Grandfathered Facilities 29.5. Destination Flat Sequencing System (DFSS) Facility Entry Environmental Protection Agency (EPA). ACTION: Proposed rule. 29.5.1 SUMMARY: Definition For this standard, destination Flat Sequencing System Facility (DFSS) refers to the facilities listed in L006, Column C. 29.5.2 Eligibility DFSS prices apply to pieces deposited at a USPS-designated FSS processing facility and correctly placed in a flat tray, sack, or on a pallet, labeled to a FSS sort plan or labeled to a 5-digit destination processed by that facility, under labeling list L006. These pieces must include a full delivery address and meet the physical standards for FSSmachinability in 705.14.0. * * * * * 708 Technical Specifications * * * * * 6.0 Standards for Barcoded Tray Labels, Sack Labels, and Container Placards * * * * * 6.2 Specifications for Barcoded Tray and Sack Labels tkelley on DSK3SPTVN1PROD with PROPOSALS 6.2.1 Use Exhibit 6.2.1 shows the types of mail requiring barcoded tray or sack labels. Barcoded labels must meet these general standards: [Revise the text of item 6.2.1b as follows:] b. Mailer-produced barcoded labels must meet the standards in 6.0, and must be non-adhesive. * * * * * We will publish an appropriate amendment to 39 CFR part 111 to reflect VerDate Mar<15>2010 17:00 Oct 24, 2013 Jkt 232001 AGENCY: The EPA is proposing to approve revisions of the Texas State Implementation Plan submitted by the Texas Commission on Environmental Quality (TCEQ, or Commission) on July 31, 2002; September 4, 2002; and March 1, 2004. These revisions require that all grandfathered facilities obtain specific permits which include emission control methods to achieve mandated emission reductions, as required, or shutdown; and require that emissions from dockside vessels which result from operations at grandfathered land-based facilities be included in specific permits. The revisions also outline additional permitting procedures for certain grandfathered pipeline equipment located in an ozone nonattainment area. These permitting requirements and emissions reductions will contribute to achieving attainment and help ensure attainment and continued maintenance of the National Ambient Air Quality Standards (NAAQS) for ozone in the State of Texas. EPA is proposing the revisions under section 110, part C, and part D of the Act, and EPA’s regulations. DATES: Written comments must be received on or before November 25, 2013. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2011–0202, by one of the following methods: • www.regulations.gov. Follow the on-line instructions. • Email: Mr. Rick Barrett at: barrett.richard@epa.gov. Please also send a copy by email to the person listed in the FOR FURTHER INFORMATION CONTACT section below. PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 63929 • Mail or delivery: Mr. Rick Barrett, Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2011– 0202. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through https://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD–ROM submitted. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). 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: Mr. Rick Barrett (6PD–R), Air Permits E:\FR\FM\25OCP1.SGM 25OCP1 63930 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules Section, telephone (214) 665–7227; fax (214) 665–7263; email: barrett.richard@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘our,’’ and ‘‘us’’ refers to EPA. Table of Contents I. Background II. What Action is EPA proposing? A. July 31, 2002 Submittal B. September 4, 2002 Submittal C. March 4, 2004 Submittal D. Analysis III. Proposed Action IV. Statutory and Executive Order Reviews I. Background The 77th Texas State Legislature, 2001, amended the Texas Health and Safety Code (THSC) and the Texas Clean Air Act (TCAA) to require that all grandfathered facilities obtain permits. A ‘‘grandfathered facility’’ is one that existed at the time the Legislature amended the TCAA in 1971. Texas began permitting new and modified sources in 1971, and sources built before Texas’ permitting rules became effective were not required to obtain permits for air emissions as long as they were not modified as defined under Texas’ New Source Review (NSR) State Implementation Plan (SIP) program. The purpose of this rulemaking by EPA is to propose approval of the TCEQ’s permit and emission control requirements for grandfathered facilities and related permit application, monitoring, reporting and public notice procedures. Specifically, the permit application requirements, methods for monitoring and reporting emissions, and public notice procedures for grandfathered facilities are the subject of this proposed rule. tkelley on DSK3SPTVN1PROD with PROPOSALS II. What action is EPA proposing? We are proposing to fully approve certain revisions to 30 TAC Chapter 116, submitted by the State of Texas on July 31, 2002, and September 4, 2002. We are also proposing to fully approve the revisions to 30 TAC Chapter 116 submitted by the State of Texas on March 1, 2004. We are proposing to fully approve the July 31, 2002, and the September 4, 2002, submittals except for a severable portion in each which allows owners or operators of grandfathered facilities to apply for an existing facility flexible permit under the State’s Flexible Permit Program. We will take separate action in the future in the Federal Register on the submittals with regard to the ‘‘Existing Facility Flexible Permit’’ portion. Also, please note that EPA’s action on 30 TAC Chapter 116, Subchapter A: VerDate Mar<15>2010 17:00 Oct 24, 2013 Jkt 232001 ‘‘Definitions,’’ section 116.18, and 30 TAC Chapter 116, Subchapter I: ‘‘Electric Generating Facility Permits,’’ sections 116.910—116.930, were previously acted on in a separate notice. See 76 FR 1525 (January 11, 2011). The July 31, 2002, submittal concerns Subchapter H: ‘‘Permits for Grandfathered Facilities,’’ at 30 TAC sections 116.770–772, 116.774–777, 116.779–781, 116.783, 116.785–788, 116.790, 116.793–802, and 116.804–807. The TCEQ adopted these revisions on May 22, 2002. The September 4, 2002, submittal concerns Subchapter H: ‘‘Permits for Grandfathered Facilities,’’ at 30 TAC sections 116.778 and 116.803; and Subchapter I: ‘‘Electric Generating Facility Permits,’’ at 30 TAC section 116.919. The TCEQ adopted these revisions on August 21, 2002. The March 1, 2004, submittal concerns Subchapter H: ‘‘Permits for Grandfathered Facilities,’’ at 30 TAC sections 116.770 and 116.772. The TCEQ adopted these revisions on January 28, 2004. Our Technical Support Document (TSD) contains a more detailed explanation of the submittal and the underlying regulatory requirements. The TSD is available in the public docket for this rulemaking. A. July 31, 2002 Submittal In the July 31, 2002 submittal, Texas submitted new and amended rules to Chapter 116, which include Subchapter A: ‘‘Definitions,’’ delineating certain definitions of words and terms used in Subchapter I; Subchapter H: ‘‘Permits for Grandfathered Facilities’’, Division 1, ‘‘General Applicability;’’ Division 2, ‘‘Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits;’’ Division 3, ‘‘Existing Facility Flexible Permits;’’ and Subchapter I: ‘‘Electric Generating Facility Permits.’’ In addition, Texas submitted 30 TAC Chapter 39, ‘‘Public Notice,’’ which includes Subchapter H: ‘‘Applicability and General Provisions,’’ and Subchapter K: ‘‘Public Notice of Air Quality Applications.’’ The above-referenced provisions contained in the Subchapter A and Subchapter I of Chapter 116, and Subchapter H and Subchapter K of Chapter 39, are severable and not part of today’s proposal action. The provisions in Subchapter A and Subchapter I of Chapter 116 were previously acted on. See 76 FR 1525 (January 11, 2011). The provisions in Subchapter H and Subchapter K of Chapter 39 were previously withdrawn. See letter dated July 2, 2010, from the TCEQ to EPA Region 6, in the public PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 docket for this proposed action. Also, in the July 31, 2002 submittal concerning Chapter 116, Subchapter H: ‘‘Permits for Grandfathered Facilities,’’ Division 3, ‘‘Existing Facility Flexible Permits,’’ sections 116.793–802 and 116.804–807 are severable and will be acted on in a future separate rulemaking. By severable, we mean that these sections can be implemented independently of the remaining portions of the submittal without affecting the stringency of the submitted rules. EPA is acting only on a portion of Subchapter H: ‘‘Permits for Grandfathered Facilities’’: Division 1 and Division 2. The submitted amendments to Subchapter H, Permits for Grandfathered Facilities, implement the portions of TCAA, section 382.0158, which create new types of permits for grandfathered facilities. Division 1 and Division 2 representative sections include section 116.770, Requirements to Apply; section 116.774, Eligibility for Small Business Stationary Source Permits; section 116.775, Eligibility for Pipeline Facilities Permits; section 116.777, Eligibility for Existing Facility Permits; section 116.779, Applications for Small Business Stationary Source Permits, Pipeline Facilities Permits, or Existing Facility Permits; and section 116.783, Notice of Final Action on Pipeline Facilities Permit Applications and Existing Facility Permit Applications. In section 116.770, the owner or operator of a grandfathered facility must apply for a permit to operate the facility under Chapter 116, qualify for a permit by rule under Chapter 106, or submit a notice of shutdown. Specific deadlines for facilities to apply are: Before September 1, 2003 for facilities located in the East Texas region, and before September 1, 2004 for facilities located in the West Texas region and El Paso County. Section 116.774 identifies the types of facilities which are eligible for a small business stationary source permit in accordance with TCAA, section 382.05184. Only the owners or operators of facilities located at small business stationary sources and which are not required to submit emissions inventories to the commission may apply for a small business stationary source permit. The owner or operator must apply for the small business stationary source permit before September 1, 2004. The new section specifies that any grandfathered facility, including any facility for which the owner or operator has submitted a notice of shutdown located at a small business stationary source, may not emit air contaminants on or after March 1, E:\FR\FM\25OCP1.SGM 25OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules 2008, unless the facility is permitted or has a pending permit application under Chapter 116, or a pending registration for a permit by rule under Chapter 106. The new section also requires an application for a small business stationary source permit to be submitted under the seal of a Texas licensed professional engineer, if required, and states that the facility’s owner or operator is responsible for applying for the permit and complying with the subchapter. A small business stationary source may not emit air contaminants on or after March 1, 2008, unless the facility is permitted, has a permit application pending, or has a registration or pending registration for a permit by rule. Section 116.775 identifies the types of facilities which are eligible for a pipeline facilities permit in accordance with TCAA, section 382.05186. The owner or operator of a grandfathered reciprocating internal combustion engine or group of engines that are part of processing, treating, compression, or pumping facilities connected to or part of a gathering or transmission pipeline may apply for a pipeline facilities permit. The new section also requires an application for a pipeline facilities permit to be submitted under the seal of a Texas licensed professional engineer, if required by section 116.110(e), and states that the facility’s owner or operator is responsible for applying for the permit and complying with the subchapter. The new section allows the owner or operator of more than one grandfathered reciprocating internal combustion engine to apply for a pipeline facilities permit for a single grandfathered engine or for a group of grandfathered engines connected to or part of a gathering or transmission pipeline. The commission revised section 116.775(d) to clarify that the owner or operator may apply for a permit for a single engine or a group of engines. Section 116.777 identifies the types of facilities which are eligible for an existing facility permit in accordance with TCAA, section 382.05183. The owner or operator of any grandfathered facility may apply for an existing facility permit. The new section also requires an application for an existing facility permit to be submitted under the seal of a Texas licensed professional engineer, if required by section 116.110(e), and states that the facility’s owner or operator is responsible for applying for the permit and complying with Subchapter H. Section 116.779 specifies the application requirements and demonstrations which must be met in VerDate Mar<15>2010 17:00 Oct 24, 2013 Jkt 232001 order for a facility to be granted a small business stationary source permit, pipeline facilities permit, or existing facility permit. These requirements are consistent with the requirements for other permits issued under Chapter 116. Section 116.779 has three subsections: Section 116.779(a) provides that the emissions from the facility must comply with the rules and regulations of the commission, including the protection of public health and physical property. The commission may not issue a permit for a grandfathered facility if it finds that the emissions from the grandfathered facility will not be protective of public health and physical property. In order to be consistent with the current review process for permits and applicable federal requirements, the section requires the owner or operator of a grandfathered facility applying for a small business stationary source permit, pipeline facilities permit, existing facility flexible permit, or EGF permit to be able to demonstrate that they meet applicable federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP). Facilities must be able to meet performance standards specified in the application and may be required to provide information that demonstrates ongoing compliance after the permit is issued. If applicable, facilities would be required to comply with Prevention of Significant Deterioration (PSD) and nonattainment review as specified in Chapter 116, Subchapter B. Since grandfathered facilities may be required to comply with any applicable Federal requirements (for example, NESHAP standards), EPA expects Texas to clearly identify state and federal requirements in the permit. Section 116.779(b) specifies additional requirements which apply to applicants for a pipeline facilities permit. In accordance with TCAA, section 382.05186(e), facilities located in the East Texas region will be required to demonstrate that each engine will achieve at least a 50% reduction of the hourly emissions rate of NOX and may also be required to demonstrate a 50% reduction of the hourly emissions rate of VOC, both expressed in terms of grams per brake horsepower-hour (g/bhp-hr). Consistent with TCAA, section 382.05186(f), the new section also states that the commission shall require up to a 20% reduction in the hourly emissions rate of NOX and shall require up to a 20% reduction in the hourly emissions rate of VOC, expressed in terms of g/bhp-hr, for facilities located in the West Texas region or El Paso County. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 63931 Section 116.779(c) specifies additional requirements with which applicants for an existing facility permit will have to comply. In accordance with TCAA, section 382.05183(b), applicants for existing facility permits will have to propose an air pollution control method that is at least as beneficial as the BACT that the commission required or would have required for a facility of the same class or type as a condition of issuing a permit or permit amendment 120 months (ten-year-old BACT) before the submittal of the existing facility permit application, considering the age and remaining useful life of the facility, and identify the date by which the control method will be implemented. Section 116.783 specifies the commission’s responsibilities for sending notice of the final action on an application for a pipeline facilities permit or an existing facility permit, and the information that the commission must include in the notice. The new section will require the commission to individually notify persons who commented during the public comment period or at a permit hearing, of the final action of the commission. The notice must be sent by first-class mail to the commenters and to the applicant. The proposed rule stated that the notice must include the response to comments, the identification of any changes in the permit, and a statement that any person affected by the decision of the commission may petition for rehearing and for judicial review. Because, in section 116.790, the commission is delegating to the executive director the authority to take any action on a permit issued under this division, this section now requires that the notice state that any person affected by the decision of the executive director may file a motion to overturn rather than a petition for rehearing. B. September 4, 2002 Submittal In the September 4, 2002 submittal, Texas submitted new and amended rules to Chapter 116, which include Subchapter A: ‘‘Definitions,’’ which adds certain definitions; Subchapter B: ‘‘New Source Review Permits;’’ Subchapter D: ‘‘Permit Renewals;’’ Subchapter F: ‘‘Standard Permits;’’ Subchapter G, ‘‘Flexible Permits;’’ Subchapter H: ‘‘Permits for Grandfathered Facilities,’’ Division 2, ‘‘Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits;’’ Division 3, ‘‘Existing Facility Flexible Permits;’’ and Subchapter I: ‘‘Electric Generating Facility Permits.’’ The above-referenced provisions contained in Subchapter A, Subchapter E:\FR\FM\25OCP1.SGM 25OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 63932 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules B, Subchapter D, Subchapter F, Subchapter G, and Subchapter H: Division 3, of Chapter 116 are severable and not part of today’s proposal action. These severable provisions are being acted on in separate rulemakings. By severable, we mean that these provisions can be implemented independently of the remaining portions of the submittal without affecting the stringency of the submitted rules. EPA is acting only on Subchapter H: ‘‘Permits for Grandfathered Facilities,’’ Division 2; and Subchapter I: ‘‘Electric Generating Facility Permits,’’ from the September 4, 2002 submittal. The submitted amendments to Subchapter H, Permits for Grandfathered Facilities, Division 2, implements the portions of TCAA, section 382.065, which primarily requires the permitting of all air contaminant emissions associated with dockside vessel operations. In Division 2, new section 116.778, ‘‘Additional Requirements for Applications for Small Business Stationary Source Permits, Pipeline Facilities Permits, or Existing Facility Permits’’ states that in addition to complying with all applicable requirements of Subchapter H, any application for a small business stationary source permit, a pipeline facilities permit, or an existing facility permit must include emissions from the facility resulting from any associated dockside vessel operations. These emissions must comply with all rules and regulations of the commission and with the intent of the TCAA, including protection of the health and property of the public and minimization of emissions to the extent possible, consistent with good air pollution control practices. The submitted amendment to Subchapter I, Electric Generating Facility Permits, implements TCAA, section 382.05185(c) and (d), which adds additional requirements in new section 116.919. In addition to complying with all applicable requirements of this subchapter, any application for a new grandfathered electric generating facility permit for auxiliary combustors and coal-fired units only must include emissions from the facility resulting from any associated dockside vessel operations. These emissions must comply with all rules and regulations of the commission and with the intent of the TCAA, including protection of the health and property of the public and minimization of emissions to the extent possible, consistent with good air pollution control practices. VerDate Mar<15>2010 17:00 Oct 24, 2013 Jkt 232001 C. March 4, 2004 Submittal In the March 4, 2004 submittal, Texas submitted amended rules to Chapter 116, Subchapter H: ‘‘Permits for Grandfathered Facilities, Division 1, General Applicability,’’ sections 116.770 and 116.772. The submitted amendments to Subchapter H, Permits for Grandfathered Facilities, implement portions of TCAA, section 382.05186, which requires pipeline facilities permits. The amended sections are: Section 116.770, Requirements to Apply; and section 116.772, Notice of Shutdown. The amendment to section 116.770 changes the section title from ‘‘Requirement to Apply’’ to ‘‘Requirement to Apply or Register’’ to better specify the purpose of the section. Also, it adds new subsections (b) and (c), which specify that certain facilities are considered permitted and that the owners and operators of those facilities must submit registrations. Adopted section 116 .770(b) implements TCAA, section 382.05186(j). Specifically, section 116.770(b) states that a reciprocating internal combustion engine required to obtain a pipeline facility permit that is subject to a mass emissions cap established by the commission is considered permitted if the facility is located in an ozone nonattainment area and is in compliance with all state and federal requirements for that area by June 20, 2003. 30 TAC section 101.351(a) currently specifies that a mass emissions cap applies to the Houston/ Galveston ozone nonattainment area. Adopted section 116.770(b)(2) requires that the grandfathered reciprocating internal combustion engines satisfy any currently applicable state or federal regulations in effect as of June 20, 2003, the effective date of House Bill 638, in order to be considered permitted. In addition, the commission adopts new section 116.770(c), which requires owners and operators of facilities that are considered permitted under section 116.770(b) to submit registrations on or before July 1, 2004. The registration requirement is necessary for the executive director to determine whether all facilities that are considered to be permitted meet the criteria outlined in House Bill 638. The adopted subsections require registration rather than require those facilities to obtain a permit under Chapter 116, qualify for a permit by rule, or shut down. Registrations must be submitted by July 1, 2004, and must include Form PI–1 G, Grandfathered Facility Permit Application. PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 The amendment to section 116.772 only adopts a change to the crossreferences in section 116.772(a) and (b) to parallel changes made in section 116.770. D. Analysis The July 31, 2002, September 4, 2002, and March 1, 2004 submittals address the applicability and permitting requirements for grandfathered facilities. The permits issued for these facilities are expected to result in reduced emissions of air contaminants and improved compliance with state and federal air pollution control requirements. Further, these permits should achieve better protection of public health and welfare, and improve the existing SIP. These provisions meet the requirement in 40 CFR 51.160(a) that each plan include legally enforceable procedures to determine whether the construction or modification of a facility, building, structure, or installation, or combination of these will result in (1) a violation of applicable portions of the control strategy; or (2) interference with attainment or maintenance of a national standard in the state in which the proposed source (or modification) is located or in a neighboring state. The revision also meets 40 CFR 51.160(e) by identifying a type of facility that will be subject to review under 40 CFR 51.160(a). In this case, Texas specifically identified grandfathered facilities. The revisions to 30 Texas Administrative Code (TAC) Chapter 116, concerning the permitting of grandfathered facilities, will achieve Texas’ emissions reductions goals. Compliance with these revisions will cause decreased air emissions due to the shutdown of the source, or the use of emission control methods on grandfathered sources that had previously been exempt from having to use emission controls. Because the revisions will cause additional emission reductions from these sources, they will better serve to protect the public health and welfare. The revisions will also continue to contribute to improvement of air quality and attainment or maintenance of the federal air quality standards. Overall, these provisions serve to improve the existing SIP. Lastly, these provisions meet the requirement in 40 CFR 51.160(a) that each plan include legally enforceable procedures to determine whether the construction or modification of a facility, building, structure, or installation, or combination of these will result in (1) a violation of applicable portions of the control E:\FR\FM\25OCP1.SGM 25OCP1 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS strategy; or (2) interference with attainment or maintenance of a national standard in the State in which the proposed source (or modification) is located or in a neighboring State. Each revision to an implementation plan submitted by a State under the Clean Air Act requires reasonable notice and public hearing prior to adoption by the State and submission to EPA as a SIP revision. The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this Act. EPA is proposing to approve these revisions because they improve the SIP in accordance with Section 110 of the Act. The reductions achieved through the permitting of grandfathered facilities program occur throughout the State of Texas and include reducing precursors to ozone (NOX and VOC) emissions. The NOX emissions reductions in certain regions of the State were relied upon in Texas’ ozone attainment demonstration plans and will provide benefits in reducing ozone concentrations in nonattainment areas and near nonattainment areas, as well as attainment areas. Further, the permitting of grandfathered sources will benefit the public due to reductions of air contaminants emitted from affected grandfathered facilities, and present the opportunity for public participation and comment in the permitting procedures for formerly grandfathered facilities. The program establishes requirements, procedures, deadlines and responsibilities for permit applications for facilities formerly exempt from permit requirements. III. Proposed Action EPA is proposing to approve revisions to the Texas SIP that includes 30 TAC Chapter 116, subchapter H: ‘‘Permits for Grandfathered Facilities,’’ sections 116.770–772, 116.774–777, 116.779– 781, 116.783, 116.785–788, 116.790, 116.793–802, and 116.804–807, which Texas submitted on July 31, 2002. EPA is proposing to approve all of the July 31, 2002, SIP revision submittal as part of the Texas NSR SIP except sections 116.793–802 and 116.804–807, as discussed above. EPA is proposing to approve revisions to the Texas SIP that includes 30 TAC Chapter 116, Subchapter H: ‘‘Permits for Grandfathered Facilities,’’ sections 116.778 and 116.803; and Subchapter I: ‘‘Electric Generating Facility Permits,’’ section 116.919, which Texas submitted on September 4, 2002. EPA is proposing to approve all of the September 4, 2002, VerDate Mar<15>2010 17:00 Oct 24, 2013 Jkt 232001 SIP revision submittal as part of the Texas NSR SIP except section 116.803 as discussed above. EPA is proposing to approve revisions to the Texas SIP that include 30 TAC Chapter 116, Subchapter H: ‘‘Permits for Grandfathered Facilities’’ sections 116.770 and 116.772, which Texas submitted on March 1, 2004. EPA is proposing to approve all of the March 1, 2004, SIP revision submittal as part of the Texas NSR SIP The July 31, 2002, September 4, 2002, and March 1, 2004 submittals address the applicability and permitting requirements for grandfathered facilities. The revisions will contribute to improvement in overall air quality in Texas. We have evaluated the State’s submittal, determined that it meets the applicable requirements of the CAA and EPA air quality regulations, and is consistent with EPA policy. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 63933 • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Nonattainment, Ozone, Volatile organic compounds, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: September 27, 2013. Ron Curry, Regional Administrator, Region 6. [FR Doc. 2013–25262 Filed 10–24–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2013–0594; FRL–9901–79– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revised Ambient Air Quality Standards for Fine Particulate Matter Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA proposes to approve State Implementation Plan (SIP) revisions submitted by the Commonwealth of Virginia adding ambient air quality standards and associated reference conditions for Fine Particulate Matter (PM2.5) that are consistent with the 2013 National Ambient Air Quality Standards (NAAQS) for PM2.5. In the Final Rules SUMMARY: E:\FR\FM\25OCP1.SGM 25OCP1

Agencies

[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Proposed Rules]
[Pages 63929-63933]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25262]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0202; FRL-9902-04-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revisions to Rules and Regulations for Control of Air Pollution; 
Permitting of Grandfathered Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions of the Texas State 
Implementation Plan submitted by the Texas Commission on Environmental 
Quality (TCEQ, or Commission) on July 31, 2002; September 4, 2002; and 
March 1, 2004. These revisions require that all grandfathered 
facilities obtain specific permits which include emission control 
methods to achieve mandated emission reductions, as required, or 
shutdown; and require that emissions from dockside vessels which result 
from operations at grandfathered land-based facilities be included in 
specific permits. The revisions also outline additional permitting 
procedures for certain grandfathered pipeline equipment located in an 
ozone nonattainment area.
    These permitting requirements and emissions reductions will 
contribute to achieving attainment and help ensure attainment and 
continued maintenance of the National Ambient Air Quality Standards 
(NAAQS) for ozone in the State of Texas. EPA is proposing the revisions 
under section 110, part C, and part D of the Act, and EPA's 
regulations.

DATES: Written comments must be received on or before November 25, 
2013.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2011-0202, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Mr. Rick Barrett at: barrett.richard@epa.gov. 
Please also send a copy by email to the person listed in the FOR 
FURTHER INFORMATION CONTACT section below.
     Mail or delivery: Mr. Rick Barrett, Air Permits Section 
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0202. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through https://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment along with any disk or CD-ROM 
submitted. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters and any form of encryption and should be free of any 
defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI). 
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: Mr. Rick Barrett (6PD-R), Air Permits

[[Page 63930]]

Section, telephone (214) 665-7227; fax (214) 665-7263; email: 
barrett.richard@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``our,'' 
and ``us'' refers to EPA.

Table of Contents

I. Background
II. What Action is EPA proposing?
    A. July 31, 2002 Submittal
    B. September 4, 2002 Submittal
    C. March 4, 2004 Submittal
    D. Analysis
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    The 77th Texas State Legislature, 2001, amended the Texas Health 
and Safety Code (THSC) and the Texas Clean Air Act (TCAA) to require 
that all grandfathered facilities obtain permits. A ``grandfathered 
facility'' is one that existed at the time the Legislature amended the 
TCAA in 1971. Texas began permitting new and modified sources in 1971, 
and sources built before Texas' permitting rules became effective were 
not required to obtain permits for air emissions as long as they were 
not modified as defined under Texas' New Source Review (NSR) State 
Implementation Plan (SIP) program.
    The purpose of this rulemaking by EPA is to propose approval of the 
TCEQ's permit and emission control requirements for grandfathered 
facilities and related permit application, monitoring, reporting and 
public notice procedures. Specifically, the permit application 
requirements, methods for monitoring and reporting emissions, and 
public notice procedures for grandfathered facilities are the subject 
of this proposed rule.

II. What action is EPA proposing?

    We are proposing to fully approve certain revisions to 30 TAC 
Chapter 116, submitted by the State of Texas on July 31, 2002, and 
September 4, 2002. We are also proposing to fully approve the revisions 
to 30 TAC Chapter 116 submitted by the State of Texas on March 1, 2004. 
We are proposing to fully approve the July 31, 2002, and the September 
4, 2002, submittals except for a severable portion in each which allows 
owners or operators of grandfathered facilities to apply for an 
existing facility flexible permit under the State's Flexible Permit 
Program. We will take separate action in the future in the Federal 
Register on the submittals with regard to the ``Existing Facility 
Flexible Permit'' portion. Also, please note that EPA's action on 30 
TAC Chapter 116, Subchapter A: ``Definitions,'' section 116.18, and 30 
TAC Chapter 116, Subchapter I: ``Electric Generating Facility 
Permits,'' sections 116.910--116.930, were previously acted on in a 
separate notice. See 76 FR 1525 (January 11, 2011).
    The July 31, 2002, submittal concerns Subchapter H: ``Permits for 
Grandfathered Facilities,'' at 30 TAC sections 116.770-772, 116.774-
777, 116.779-781, 116.783, 116.785-788, 116.790, 116.793-802, and 
116.804-807. The TCEQ adopted these revisions on May 22, 2002.
    The September 4, 2002, submittal concerns Subchapter H: ``Permits 
for Grandfathered Facilities,'' at 30 TAC sections 116.778 and 116.803; 
and Subchapter I: ``Electric Generating Facility Permits,'' at 30 TAC 
section 116.919. The TCEQ adopted these revisions on August 21, 2002.
    The March 1, 2004, submittal concerns Subchapter H: ``Permits for 
Grandfathered Facilities,'' at 30 TAC sections 116.770 and 116.772. The 
TCEQ adopted these revisions on January 28, 2004.
    Our Technical Support Document (TSD) contains a more detailed 
explanation of the submittal and the underlying regulatory 
requirements. The TSD is available in the public docket for this 
rulemaking.

A. July 31, 2002 Submittal

    In the July 31, 2002 submittal, Texas submitted new and amended 
rules to Chapter 116, which include Subchapter A: ``Definitions,'' 
delineating certain definitions of words and terms used in Subchapter 
I; Subchapter H: ``Permits for Grandfathered Facilities'', Division 1, 
``General Applicability;'' Division 2, ``Small Business Stationary 
Source Permits, Pipeline Facilities Permits, and Existing Facility 
Permits;'' Division 3, ``Existing Facility Flexible Permits;'' and 
Subchapter I: ``Electric Generating Facility Permits.'' In addition, 
Texas submitted 30 TAC Chapter 39, ``Public Notice,'' which includes 
Subchapter H: ``Applicability and General Provisions,'' and Subchapter 
K: ``Public Notice of Air Quality Applications.''
    The above-referenced provisions contained in the Subchapter A and 
Subchapter I of Chapter 116, and Subchapter H and Subchapter K of 
Chapter 39, are severable and not part of today's proposal action. The 
provisions in Subchapter A and Subchapter I of Chapter 116 were 
previously acted on. See 76 FR 1525 (January 11, 2011). The provisions 
in Subchapter H and Subchapter K of Chapter 39 were previously 
withdrawn. See letter dated July 2, 2010, from the TCEQ to EPA Region 
6, in the public docket for this proposed action. Also, in the July 31, 
2002 submittal concerning Chapter 116, Subchapter H: ``Permits for 
Grandfathered Facilities,'' Division 3, ``Existing Facility Flexible 
Permits,'' sections 116.793-802 and 116.804-807 are severable and will 
be acted on in a future separate rulemaking. By severable, we mean that 
these sections can be implemented independently of the remaining 
portions of the submittal without affecting the stringency of the 
submitted rules.
    EPA is acting only on a portion of Subchapter H: ``Permits for 
Grandfathered Facilities'': Division 1 and Division 2. The submitted 
amendments to Subchapter H, Permits for Grandfathered Facilities, 
implement the portions of TCAA, section 382.0158, which create new 
types of permits for grandfathered facilities. Division 1 and Division 
2 representative sections include section 116.770, Requirements to 
Apply; section 116.774, Eligibility for Small Business Stationary 
Source Permits; section 116.775, Eligibility for Pipeline Facilities 
Permits; section 116.777, Eligibility for Existing Facility Permits; 
section 116.779, Applications for Small Business Stationary Source 
Permits, Pipeline Facilities Permits, or Existing Facility Permits; and 
section 116.783, Notice of Final Action on Pipeline Facilities Permit 
Applications and Existing Facility Permit Applications.
    In section 116.770, the owner or operator of a grandfathered 
facility must apply for a permit to operate the facility under Chapter 
116, qualify for a permit by rule under Chapter 106, or submit a notice 
of shutdown. Specific deadlines for facilities to apply are: Before 
September 1, 2003 for facilities located in the East Texas region, and 
before September 1, 2004 for facilities located in the West Texas 
region and El Paso County.
    Section 116.774 identifies the types of facilities which are 
eligible for a small business stationary source permit in accordance 
with TCAA, section 382.05184. Only the owners or operators of 
facilities located at small business stationary sources and which are 
not required to submit emissions inventories to the commission may 
apply for a small business stationary source permit. The owner or 
operator must apply for the small business stationary source permit 
before September 1, 2004. The new section specifies that any 
grandfathered facility, including any facility for which the owner or 
operator has submitted a notice of shutdown located at a small business 
stationary source, may not emit air contaminants on or after March 1,

[[Page 63931]]

2008, unless the facility is permitted or has a pending permit 
application under Chapter 116, or a pending registration for a permit 
by rule under Chapter 106. The new section also requires an application 
for a small business stationary source permit to be submitted under the 
seal of a Texas licensed professional engineer, if required, and states 
that the facility's owner or operator is responsible for applying for 
the permit and complying with the subchapter. A small business 
stationary source may not emit air contaminants on or after March 1, 
2008, unless the facility is permitted, has a permit application 
pending, or has a registration or pending registration for a permit by 
rule.
    Section 116.775 identifies the types of facilities which are 
eligible for a pipeline facilities permit in accordance with TCAA, 
section 382.05186. The owner or operator of a grandfathered 
reciprocating internal combustion engine or group of engines that are 
part of processing, treating, compression, or pumping facilities 
connected to or part of a gathering or transmission pipeline may apply 
for a pipeline facilities permit. The new section also requires an 
application for a pipeline facilities permit to be submitted under the 
seal of a Texas licensed professional engineer, if required by section 
116.110(e), and states that the facility's owner or operator is 
responsible for applying for the permit and complying with the 
subchapter. The new section allows the owner or operator of more than 
one grandfathered reciprocating internal combustion engine to apply for 
a pipeline facilities permit for a single grandfathered engine or for a 
group of grandfathered engines connected to or part of a gathering or 
transmission pipeline. The commission revised section 116.775(d) to 
clarify that the owner or operator may apply for a permit for a single 
engine or a group of engines.
    Section 116.777 identifies the types of facilities which are 
eligible for an existing facility permit in accordance with TCAA, 
section 382.05183. The owner or operator of any grandfathered facility 
may apply for an existing facility permit. The new section also 
requires an application for an existing facility permit to be submitted 
under the seal of a Texas licensed professional engineer, if required 
by section 116.110(e), and states that the facility's owner or operator 
is responsible for applying for the permit and complying with 
Subchapter H.
    Section 116.779 specifies the application requirements and 
demonstrations which must be met in order for a facility to be granted 
a small business stationary source permit, pipeline facilities permit, 
or existing facility permit. These requirements are consistent with the 
requirements for other permits issued under Chapter 116. Section 
116.779 has three subsections:
    Section 116.779(a) provides that the emissions from the facility 
must comply with the rules and regulations of the commission, including 
the protection of public health and physical property. The commission 
may not issue a permit for a grandfathered facility if it finds that 
the emissions from the grandfathered facility will not be protective of 
public health and physical property. In order to be consistent with the 
current review process for permits and applicable federal requirements, 
the section requires the owner or operator of a grandfathered facility 
applying for a small business stationary source permit, pipeline 
facilities permit, existing facility flexible permit, or EGF permit to 
be able to demonstrate that they meet applicable federal New Source 
Performance Standards (NSPS) and National Emission Standards for 
Hazardous Air Pollutants (NESHAP). Facilities must be able to meet 
performance standards specified in the application and may be required 
to provide information that demonstrates ongoing compliance after the 
permit is issued. If applicable, facilities would be required to comply 
with Prevention of Significant Deterioration (PSD) and nonattainment 
review as specified in Chapter 116, Subchapter B. Since grandfathered 
facilities may be required to comply with any applicable Federal 
requirements (for example, NESHAP standards), EPA expects Texas to 
clearly identify state and federal requirements in the permit.
    Section 116.779(b) specifies additional requirements which apply to 
applicants for a pipeline facilities permit. In accordance with TCAA, 
section 382.05186(e), facilities located in the East Texas region will 
be required to demonstrate that each engine will achieve at least a 50% 
reduction of the hourly emissions rate of NOX and may also 
be required to demonstrate a 50% reduction of the hourly emissions rate 
of VOC, both expressed in terms of grams per brake horsepower-hour (g/
bhp-hr). Consistent with TCAA, section 382.05186(f), the new section 
also states that the commission shall require up to a 20% reduction in 
the hourly emissions rate of NOX and shall require up to a 
20% reduction in the hourly emissions rate of VOC, expressed in terms 
of g/bhp-hr, for facilities located in the West Texas region or El Paso 
County.
    Section 116.779(c) specifies additional requirements with which 
applicants for an existing facility permit will have to comply. In 
accordance with TCAA, section 382.05183(b), applicants for existing 
facility permits will have to propose an air pollution control method 
that is at least as beneficial as the BACT that the commission required 
or would have required for a facility of the same class or type as a 
condition of issuing a permit or permit amendment 120 months (ten-year-
old BACT) before the submittal of the existing facility permit 
application, considering the age and remaining useful life of the 
facility, and identify the date by which the control method will be 
implemented.
    Section 116.783 specifies the commission's responsibilities for 
sending notice of the final action on an application for a pipeline 
facilities permit or an existing facility permit, and the information 
that the commission must include in the notice. The new section will 
require the commission to individually notify persons who commented 
during the public comment period or at a permit hearing, of the final 
action of the commission. The notice must be sent by first-class mail 
to the commenters and to the applicant. The proposed rule stated that 
the notice must include the response to comments, the identification of 
any changes in the permit, and a statement that any person affected by 
the decision of the commission may petition for rehearing and for 
judicial review. Because, in section 116.790, the commission is 
delegating to the executive director the authority to take any action 
on a permit issued under this division, this section now requires that 
the notice state that any person affected by the decision of the 
executive director may file a motion to overturn rather than a petition 
for rehearing.

B. September 4, 2002 Submittal

    In the September 4, 2002 submittal, Texas submitted new and amended 
rules to Chapter 116, which include Subchapter A: ``Definitions,'' 
which adds certain definitions; Subchapter B: ``New Source Review 
Permits;'' Subchapter D: ``Permit Renewals;'' Subchapter F: ``Standard 
Permits;'' Subchapter G, ``Flexible Permits;'' Subchapter H: ``Permits 
for Grandfathered Facilities,'' Division 2, ``Small Business Stationary 
Source Permits, Pipeline Facilities Permits, and Existing Facility 
Permits;'' Division 3, ``Existing Facility Flexible Permits;'' and 
Subchapter I: ``Electric Generating Facility Permits.''
    The above-referenced provisions contained in Subchapter A, 
Subchapter

[[Page 63932]]

B, Subchapter D, Subchapter F, Subchapter G, and Subchapter H: Division 
3, of Chapter 116 are severable and not part of today's proposal 
action. These severable provisions are being acted on in separate 
rulemakings. By severable, we mean that these provisions can be 
implemented independently of the remaining portions of the submittal 
without affecting the stringency of the submitted rules.
    EPA is acting only on Subchapter H: ``Permits for Grandfathered 
Facilities,'' Division 2; and Subchapter I: ``Electric Generating 
Facility Permits,'' from the September 4, 2002 submittal.
    The submitted amendments to Subchapter H, Permits for Grandfathered 
Facilities, Division 2, implements the portions of TCAA, section 
382.065, which primarily requires the permitting of all air contaminant 
emissions associated with dockside vessel operations. In Division 2, 
new section 116.778, ``Additional Requirements for Applications for 
Small Business Stationary Source Permits, Pipeline Facilities Permits, 
or Existing Facility Permits'' states that in addition to complying 
with all applicable requirements of Subchapter H, any application for a 
small business stationary source permit, a pipeline facilities permit, 
or an existing facility permit must include emissions from the facility 
resulting from any associated dockside vessel operations. These 
emissions must comply with all rules and regulations of the commission 
and with the intent of the TCAA, including protection of the health and 
property of the public and minimization of emissions to the extent 
possible, consistent with good air pollution control practices.
    The submitted amendment to Subchapter I, Electric Generating 
Facility Permits, implements TCAA, section 382.05185(c) and (d), which 
adds additional requirements in new section 116.919. In addition to 
complying with all applicable requirements of this subchapter, any 
application for a new grandfathered electric generating facility permit 
for auxiliary combustors and coal-fired units only must include 
emissions from the facility resulting from any associated dockside 
vessel operations. These emissions must comply with all rules and 
regulations of the commission and with the intent of the TCAA, 
including protection of the health and property of the public and 
minimization of emissions to the extent possible, consistent with good 
air pollution control practices.

C. March 4, 2004 Submittal

    In the March 4, 2004 submittal, Texas submitted amended rules to 
Chapter 116, Subchapter H: ``Permits for Grandfathered Facilities, 
Division 1, General Applicability,'' sections 116.770 and 116.772. The 
submitted amendments to Subchapter H, Permits for Grandfathered 
Facilities, implement portions of TCAA, section 382.05186, which 
requires pipeline facilities permits. The amended sections are: Section 
116.770, Requirements to Apply; and section 116.772, Notice of 
Shutdown.
    The amendment to section 116.770 changes the section title from 
``Requirement to Apply'' to ``Requirement to Apply or Register'' to 
better specify the purpose of the section. Also, it adds new 
subsections (b) and (c), which specify that certain facilities are 
considered permitted and that the owners and operators of those 
facilities must submit registrations. Adopted section 116 .770(b) 
implements TCAA, section 382.05186(j). Specifically, section 116.770(b) 
states that a reciprocating internal combustion engine required to 
obtain a pipeline facility permit that is subject to a mass emissions 
cap established by the commission is considered permitted if the 
facility is located in an ozone nonattainment area and is in compliance 
with all state and federal requirements for that area by June 20, 2003. 
30 TAC section 101.351(a) currently specifies that a mass emissions cap 
applies to the Houston/Galveston ozone nonattainment area. Adopted 
section 116.770(b)(2) requires that the grandfathered reciprocating 
internal combustion engines satisfy any currently applicable state or 
federal regulations in effect as of June 20, 2003, the effective date 
of House Bill 638, in order to be considered permitted. In addition, 
the commission adopts new section 116.770(c), which requires owners and 
operators of facilities that are considered permitted under section 
116.770(b) to submit registrations on or before July 1, 2004. The 
registration requirement is necessary for the executive director to 
determine whether all facilities that are considered to be permitted 
meet the criteria outlined in House Bill 638. The adopted subsections 
require registration rather than require those facilities to obtain a 
permit under Chapter 116, qualify for a permit by rule, or shut down. 
Registrations must be submitted by July 1, 2004, and must include Form 
PI-1 G, Grandfathered Facility Permit Application.
    The amendment to section 116.772 only adopts a change to the cross-
references in section 116.772(a) and (b) to parallel changes made in 
section 116.770.

D. Analysis

    The July 31, 2002, September 4, 2002, and March 1, 2004 submittals 
address the applicability and permitting requirements for grandfathered 
facilities. The permits issued for these facilities are expected to 
result in reduced emissions of air contaminants and improved compliance 
with state and federal air pollution control requirements. Further, 
these permits should achieve better protection of public health and 
welfare, and improve the existing SIP. These provisions meet the 
requirement in 40 CFR 51.160(a) that each plan include legally 
enforceable procedures to determine whether the construction or 
modification of a facility, building, structure, or installation, or 
combination of these will result in (1) a violation of applicable 
portions of the control strategy; or (2) interference with attainment 
or maintenance of a national standard in the state in which the 
proposed source (or modification) is located or in a neighboring state.
    The revision also meets 40 CFR 51.160(e) by identifying a type of 
facility that will be subject to review under 40 CFR 51.160(a). In this 
case, Texas specifically identified grandfathered facilities.
    The revisions to 30 Texas Administrative Code (TAC) Chapter 116, 
concerning the permitting of grandfathered facilities, will achieve 
Texas' emissions reductions goals. Compliance with these revisions will 
cause decreased air emissions due to the shutdown of the source, or the 
use of emission control methods on grandfathered sources that had 
previously been exempt from having to use emission controls. Because 
the revisions will cause additional emission reductions from these 
sources, they will better serve to protect the public health and 
welfare. The revisions will also continue to contribute to improvement 
of air quality and attainment or maintenance of the federal air quality 
standards. Overall, these provisions serve to improve the existing SIP. 
Lastly, these provisions meet the requirement in 40 CFR 51.160(a) that 
each plan include legally enforceable procedures to determine whether 
the construction or modification of a facility, building, structure, or 
installation, or combination of these will result in (1) a violation of 
applicable portions of the control

[[Page 63933]]

strategy; or (2) interference with attainment or maintenance of a 
national standard in the State in which the proposed source (or 
modification) is located or in a neighboring State.
    Each revision to an implementation plan submitted by a State under 
the Clean Air Act requires reasonable notice and public hearing prior 
to adoption by the State and submission to EPA as a SIP revision. The 
Administrator shall not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress (as defined in section 171), or any 
other applicable requirement of this Act. EPA is proposing to approve 
these revisions because they improve the SIP in accordance with Section 
110 of the Act. The reductions achieved through the permitting of 
grandfathered facilities program occur throughout the State of Texas 
and include reducing precursors to ozone (NOX and VOC) 
emissions. The NOX emissions reductions in certain regions 
of the State were relied upon in Texas' ozone attainment demonstration 
plans and will provide benefits in reducing ozone concentrations in 
nonattainment areas and near nonattainment areas, as well as attainment 
areas. Further, the permitting of grandfathered sources will benefit 
the public due to reductions of air contaminants emitted from affected 
grandfathered facilities, and present the opportunity for public 
participation and comment in the permitting procedures for formerly 
grandfathered facilities. The program establishes requirements, 
procedures, deadlines and responsibilities for permit applications for 
facilities formerly exempt from permit requirements.

III. Proposed Action

    EPA is proposing to approve revisions to the Texas SIP that 
includes 30 TAC Chapter 116, subchapter H: ``Permits for Grandfathered 
Facilities,'' sections 116.770-772, 116.774-777, 116.779-781, 116.783, 
116.785-788, 116.790, 116.793-802, and 116.804-807, which Texas 
submitted on July 31, 2002. EPA is proposing to approve all of the July 
31, 2002, SIP revision submittal as part of the Texas NSR SIP except 
sections 116.793-802 and 116.804-807, as discussed above.
    EPA is proposing to approve revisions to the Texas SIP that 
includes 30 TAC Chapter 116, Subchapter H: ``Permits for Grandfathered 
Facilities,'' sections 116.778 and 116.803; and Subchapter I: 
``Electric Generating Facility Permits,'' section 116.919, which Texas 
submitted on September 4, 2002. EPA is proposing to approve all of the 
September 4, 2002, SIP revision submittal as part of the Texas NSR SIP 
except section 116.803 as discussed above.
    EPA is proposing to approve revisions to the Texas SIP that include 
30 TAC Chapter 116, Subchapter H: ``Permits for Grandfathered 
Facilities'' sections 116.770 and 116.772, which Texas submitted on 
March 1, 2004. EPA is proposing to approve all of the March 1, 2004, 
SIP revision submittal as part of the Texas NSR SIP
    The July 31, 2002, September 4, 2002, and March 1, 2004 submittals 
address the applicability and permitting requirements for grandfathered 
facilities. The revisions will contribute to improvement in overall air 
quality in Texas. We have evaluated the State's submittal, determined 
that it meets the applicable requirements of the CAA and EPA air 
quality regulations, and is consistent with EPA policy.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Nonattainment, 
Ozone, Volatile organic compounds, Reporting and recordkeeping 
requirements.

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

    Dated: September 27, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2013-25262 Filed 10-24-13; 8:45 am]
BILLING CODE 6560-50-P