Approval and Promulgation of Implementation Plans; Texas; Control of Air Pollution by Permits for New Construction or Modification; Permits for Specific Designated Facilities, 69773-69777 [2013-27991]
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Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Rules and Regulations
loose items, can be commingled in the
same sack. Labels (facing slips) are not
required on any bundles. Containers
other than sacks are not authorized
unless other equipment is specified by
the acceptance office—for example,
nonpresorted letter-size mail may be
presented in trays if authorized by the
acceptance office. The maximum weight
of any container is 66 pounds.
b. Worldwide Nonpresort Container
Label. A mailer who claims the ISC drop
shipment price and enters the mail at an
authorized drop shipment location
under 293.532 is not required to prepare
container labels. A mailer who claims
the full-service price must complete 2inch container labels (and insert them
into the applicable container label
holder) as follows (see Exhibit 293.483
for the list of U.S. Exchange Offices):
297
Line 1: Appropriate U.S. Exchange
Office and Routing Code
Line 2: Contents WKG
Line 3: Mailer, Mailer Location
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Fees
297.1 Description
[Revise 297.1 to read as follows:]
The Postal Service provides Global
Expedited Package Services (GEPS)
customized agreements to Priority Mail
Express International, Priority Mail
International, and First-Class Package
International Service customers
pursuant to the terms and conditions
stipulated between the Postal Service
and a particular customer.
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[Revise 372.3 to read as follows:]
See Exhibit 372.3 for the fees for Sure
Money service.
3
Refunds ............
Change of
Payee ............
Extra Services
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Exhibit 372.3
FEES FOR SURE MONEY SERVICE
Transaction type
Amount not
over
Sales .................
$750
$1,500
$1,500
$11.00
$16.50
$26.00
$1,500
$12.00
370 International Money Transfer
Services
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372
Sure Money (DineroSeguro)
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Mexico
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372.2 Options and Restrictions
The following restrictions apply to
Sure Money service:
[Revise item a to read as follows:]
a. The maximum purchase per day is
$1,500.
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Fee
Individual Country Listings
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Example: ISC MIAMI FL 33112, ISAL—
WKG, ABC COMPANY MIAMI FL.
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372.3
Customized Agreements
69773
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Priority Mail Express International
(220) Price Group 2
[Revise the table to read as follows
(increasing the maximum weight limit to
70 pounds):]
Refer to Notice 123, Price List, for the applicable retail, Commercial Base, or Commercial Plus price.
Weight Limit: 70 lbs.
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Priority Mail International (230) Price
Group 2
[Revise the table to read as follows
(increasing the maximum weight limit to
70 pounds):]
Refer to Notice 123, Price List, for the applicable retail, Commercial Base, or Commercial Plus price.
Weight Limit: 70 lbs.
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We will publish an appropriate
amendment to 39 CFR part 20 to reflect
these changes.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2013–27710 Filed 11–20–13; 8:45 am]
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BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52
[EPA–R06–OAR–2006–0593; FRL–9903–00–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas; Control
of Air Pollution by Permits for New
Construction or Modification; Permits
for Specific Designated Facilities
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking a direct final
action to approve portions of two
revisions to the Texas State
SUMMARY:
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Implementation Plan (SIP) concerning
the Permits for Specific Designated
Facilities Program, also referred to as
the FutureGen Program. EPA has
determined that the portions of these
SIP revisions specific to the FutureGen
Program submitted on March 9, 2006
and July 2, 2010, comply with the Clean
Air Act and EPA regulations and are
consistent with EPA policies. This
action is being taken under section 110
and parts C and D of the Act.
This direct final rule is effective
on January 21, 2014 without further
notice, unless EPA receives relevant
adverse comment by December 23,
2013. If EPA receives such comment,
EPA will publish a timely withdrawal in
DATES:
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the Federal Register informing the
public that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2006–0593, by one of the
following methods:
(1) www.regulations.gov: Follow the
on-line instructions for submitting
comments.
(2) Email: Ms. Adina Wiley at
wiley.adina@epa.gov.
(3) Mail or Delivery: Ms. Adina Wiley,
Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2006–
0593. 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
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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: If
you have questions concerning today’s
direct final action, please contact Ms.
Adina Wiley (6PD–R), Air Permits
Section, Environmental Protection
Agency, Region 6, 1445 Ross Avenue
(6PD–R), Suite 1200, Dallas, Texas
75202–2733, telephone (214) 665–2115;
fax number (214) 665–6762; email
address wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. What action is EPA taking?
II. What did Texas submit?
III. EPA’s Evaluation
IV. Final Action
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is taking a direct final action to
approve portions of two revisions to the
Texas State Implementation Plan (SIP)
concerning the Permits for Specific
Designated Facilities Program, also
referred to as the FutureGen Program.
EPA has determined that the portions of
these SIP revisions specific to the
FutureGen Program submitted on March
9, 2006 and July 2, 2010, comply with
the Clean Air Act and EPA regulations
and are consistent with EPA policies.
This action is being taken under section
110 and parts C and D of the Act.
We are publishing this rule without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no relevant adverse
comments. As explained in this action
and our accompanying technical
support documents (TSD), we are
finding this action noncontroversial
because the FutureGen permitting and
public notice provisions can no longer
be used in Texas, but we are proceeding
with a final action to fulfill our statutory
obligations under the CAA. However, in
the proposed rules section of this
Federal Register publication, we are
publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on January 21, 2014 without
further notice unless we receive relevant
adverse comment by December 23,
2013. If we receive relevant adverse
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comments, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. We will address all
public comments in a subsequent final
rule based on the proposed rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
II. What did Texas submit?
FutureGen is a United States
Department of Energy (DOE) program
designed to promote the advancement
and development of new technologies.
FutureGen refers to a combination of
technologies for carbon sequestration,
carbon dioxide enhanced oil recovery,
electric generation, and hydrogen
production. FutureGen is a technology
demonstration project that is a
partnership between industry
participants and the DOE.
The 79th Texas Legislature passed
House Bill 2201 (HB 2201) in 2005, and
concluded that the FutureGen
technology demonstration project could
result in major economic, social and
environmental benefits for Texas. In
order to help Texas compete for federal
funding associated with the FutureGen
Project, the Texas Legislature passed HB
2201 to provide for streamlined
permitting by specifically exempting
FutureGen projects from the contested
case hearing process.
March 9, 2006 SIP Submittal
Pursuant to the directive of Texas HB
2201, on February 22, 2006, the TCEQ
adopted the new provisions to Chapter
116 to establish streamlined permitting
procedures and rules for the FutureGen
Project. At the same time, the TCEQ also
adopted public participation provisions
for the FutureGen Project to provide for
the exemption from contested case
hearing. These new provisions were
submitted to EPA as a SIP revision on
March 9, 2006 by the Chairman of the
TCEQ, Ms. Kathleen Hartnett White, as
Rule Project No. 2005–053–091–PR.
July 2, 2010 SIP Submittal
The TCEQ subsequently adopted
revisions to the public notice provisions
for the entirety of the Texas Air Permit
program on June 2, 2010. The Chairman
of the TCEQ, Mr. Bryan W. Shaw, Ph.D.,
submitted these revised public
participation rules as a revision to the
Texas SIP on July 2, 2010 as part of Rule
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Project No. 2010–004–039–LS. On this
date, the TCEQ also withdrew the
previous public notice SIP submittals,
including the FutureGen specific public
notice provisions submitted on March 9,
2006. Therefore, the public notice
provisions specific to the FutureGen
Program that remain before EPA for
action were submitted on July 2, 2010.
The July 2, 2010 SIP submittal
established the public participation
provisions for the majority of the Texas
air permitting programs, including
applications for the FutureGen Program.
On December 13, 2012, EPA proposed
approval of most of the public
participation rules submitted on July 2,
2010. See 77 FR 74129. However, in that
proposed approval we severed and took
no action on the portions of the public
notice provisions establishing
applicability and response to comment
provisions specific to FutureGen
Program applications at 30 TAC
39.402(a)(10), 39.419(e)(3) and
39.420(h). We deferred action on these
provisions until such time as we
evaluated the underlying permit
provisions for the FutureGen Program at
30 TAC Chapter 116, Subchapter L. See
77 FR 74129. EPA is addressing the July
2, 2010, submittal of 30 TAC
39.402(a)(10), 39.419(e)(3) and 39.420(h)
through today’s direct final action.
III. EPA’s Evaluation
We provide our evaluation for this
rulemaking in this section. Additional
information to support our evaluation is
available in the TSDs for this
rulemaking, which are available in the
rulemaking docket.
Our evaluation shows that a
FutureGen Project could be a PSD,
NNSR or minor NSR source; therefore,
we reviewed the program against the
federal permitting and public notice
requirements and the existing SIPapproved provisions in Texas. The
FutureGen permitting provisions require
an applicant to demonstrate compliance
with all requirements for PSD and
NNSR permitting; which would require
the FutureGen applicant to also comply
with the public notice rules applicable
to PSD and NNSR permitting.1
Additionally, the FutureGen permitting
provisions require an applicant to
demonstrate protection of public health
and welfare by complying with the
Texas Health and Safety Code and all
applicable rules and regulations of the
TCEQ. Accordingly, we find that the
FutureGen Program permitting and
public notice rules as submitted March
1 EPA proposed approval of revised public notice
rules for Texas air permitting on December 13,
2012. See 77 FR 74129.
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9, 2006 and July 2, 2010 are consistent
with the requirements of the CAA and
EPA’s regulations, and protect the
integrity of the Texas SIP.
Since the adoption of Texas HB 2201
and the adoption and submittal of the
associated Texas SIP provisions, the
FutureGen Project has been awarded to
the State of Illinois. Additionally, the
DOE decided to stop funding the
FutureGen Project in 2008. On August 5,
2010, the DOE introduced FutureGen
2.0; a reinvention of the original
FutureGen Project concept still planned
for Illinois. Therefore, the submitted
rules establishing the permitting and
public notice rules for the FutureGen
Project likely will not be used in Texas
because the underlying FutureGen
Project is not in existence in Texas.
EPA, however, has a statutory
obligation to review and act upon SIP
submittals pursuant to CAA 110(k).
Because the State of Texas submitted
the regulatory provisions for the
FutureGen Project for approval into the
Texas SIP, and has not subsequently
requested to withdraw the program from
our consideration, we are required to
take action even though the program is
superfluous to the SIP. Our authority
under CAA 110(k)(4) does not provide
us the ability to disapprove a program
solely because it is no longer needed.
Neither can we take steps to return the
superfluous provisions to the state
absent a direct request. Therefore, EPA
must proceed with this proposed action
to satisfy our obligations under the
CAA.
IV. Final Action
Under section 110 and parts C and D
of the Act, and for the reasons stated
above, EPA is taking direct final action
to approve revisions to the Texas SIP
submitted on March 9, 2006 and July 2,
2010 for the Permits for Specific
Designated Facilities Program, or the
FutureGen Project, as consistent with
the CAA and EPA’s policy and
guidance. Specifically, EPA is
approving the following new provisions
establishing the FutureGen permitting
requirements as submitted on March 9,
2006: 30 TAC 116.1400, 116.1402,
116.1404, 116.1406, 116.1408, 116.1410,
116.1414, 116.1416, 116.1418, 116.1420,
116.1422, 116.1424, 116.1426 and
116.1428. EPA is approving the new
provisions establishing the FutureGenspecific public notice provisions at 30
TAC 39.402(a)(10), 39.419(e)(3) and
39.420(h) as submitted on July 2, 2010.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
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SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
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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 January 21, 2014.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposed of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: November 1, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
a. Immediately following the entry for
Section 19.14, by adding a new centered
heading ‘‘Chapter 39—Public Notice’’
followed by a new centered heading
‘‘Subchapter H—Applicability and
General Provisions’’ followed by new
entries for Sections 39.402, 39.419, and
39.420; and
■ b. Under Chapter 116 (Reg 6)—Control
of Air Pollution by Permits for New
Construction or Modification,
immediately following the entry for
Section 116.931, by adding a new
centered heading for ‘‘Subchapter L—
Permits for Specific Designated
Facilities’’ followed by new entries for
Sections 116.1400, 116.1402, 116.1404,
116.1406, 116.1408, 116.1410, 116.1414,
116.1416, 116.1418, 116.1420, 116.1422,
116.1424, 116.1426 and 116.1428.
The additions read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.2270
Subpart SS—Texas
*
2. In section 52.2270(c) the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended as follows:
■
Identification of plan.
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(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State
approval/
submittal
date
Title/subject
*
*
EPA approval date
*
Explanation
*
*
*
Chapter 39—Public Notice
Subchapter H—Applicability and General Provisions
Section 39.402 ...........
Section 39.419 ...........
Section 39.420 ...........
*
Applicability to Air Quality Permits and
Permit Amendments.
Notice of Application and Preliminary
Determination.
Transmittal of the Executive Director’s
Response to Comments and Decision.
*
6/2/2010
6/2/2010
6/2/2010
*
11/21/2013 [Insert FR page number
where document begins].
11/21/2013 [Insert FR page number
where document begins].
11/21/2013 [Insert FR page number
where document begins].
*
*
*
SIP only includes
39.402(a)(10).
SIP only includes
39.419(e)(3).
SIP only includes
39.420(h).
*
Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification
*
*
*
*
*
*
Subchapter L—Permits for Specific Designated Facilities
Purpose ................................................
2/22/2006
Section 116.1402 .......
Applicability ...........................................
2/22/2006
Section 116.1404 .......
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Section 116.1400 .......
Permit Required ....................................
2/22/2006
Section 116.1406 .......
Compliance History ..............................
2/22/2006
Section 116.1408 .......
Definitions .............................................
2/22/2006
Section 116.1410 .......
Emissions Profile for FutureGen
Projects.
Applications for Facilities that are
Components of a Designated Project.
2/22/2006
Section 116.1414 .......
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EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State
approval/
submittal
date
State citation
Title/subject
Section 116.1416 .......
Public Notice .........................................
2/22/2006
Section 116.1418 .......
Public Participation ...............................
2/22/2006
Section 116.1420 .......
Permit Fee ............................................
2/22/2006
Section 116.1422 .......
General and Special Conditions ...........
2/22/2006
Section 116.1424 .......
Amendments and Alterations of Permits Issued Under This Subchapter.
Renewal of Permits Issued Under This
Subchapter.
Delegation .............................................
2/22/2006
Section 116.1426 .......
Section 116.1428 .......
*
*
*
2/22/2006
2/22/2006
EPA approval date
11/21/2013 [Insert FR page
where document begins].
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where document begins].
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where document begins].
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where document begins].
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where document begins].
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where document begins].
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where document begins].
*
Explanation
number
number
number
number
number
number
number
*
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]]>Agencies
[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Rules and Regulations]
[Pages 69773-69777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27991]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52
[EPA-R06-OAR-2006-0593; FRL-9903-00-Region 6]
Approval and Promulgation of Implementation Plans; Texas; Control
of Air Pollution by Permits for New Construction or Modification;
Permits for Specific Designated Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking a direct final action to approve portions of two
revisions to the Texas State Implementation Plan (SIP) concerning the
Permits for Specific Designated Facilities Program, also referred to as
the FutureGen Program. EPA has determined that the portions of these
SIP revisions specific to the FutureGen Program submitted on March 9,
2006 and July 2, 2010, comply with the Clean Air Act and EPA
regulations and are consistent with EPA policies. This action is being
taken under section 110 and parts C and D of the Act.
DATES: This direct final rule is effective on January 21, 2014 without
further notice, unless EPA receives relevant adverse comment by
December 23, 2013. If EPA receives such comment, EPA will publish a
timely withdrawal in
[[Page 69774]]
the Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2006-0593, by one of the following methods:
(1) www.regulations.gov: Follow the on-line instructions for
submitting comments.
(2) Email: Ms. Adina Wiley at wiley.adina@epa.gov.
(3) Mail or Delivery: Ms. Adina Wiley, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0593. 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: If you have questions concerning
today's direct final action, please contact Ms. Adina Wiley (6PD-R),
Air Permits Section, Environmental Protection Agency, Region 6, 1445
Ross Avenue (6PD-R), Suite 1200, Dallas, Texas 75202-2733, telephone
(214) 665-2115; fax number (214) 665-6762; email address
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. What action is EPA taking?
II. What did Texas submit?
III. EPA's Evaluation
IV. Final Action
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is taking a direct final action to approve portions of two
revisions to the Texas State Implementation Plan (SIP) concerning the
Permits for Specific Designated Facilities Program, also referred to as
the FutureGen Program. EPA has determined that the portions of these
SIP revisions specific to the FutureGen Program submitted on March 9,
2006 and July 2, 2010, comply with the Clean Air Act and EPA
regulations and are consistent with EPA policies. This action is being
taken under section 110 and parts C and D of the Act.
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. As explained in this action and our accompanying technical
support documents (TSD), we are finding this action noncontroversial
because the FutureGen permitting and public notice provisions can no
longer be used in Texas, but we are proceeding with a final action to
fulfill our statutory obligations under the CAA. However, in the
proposed rules section of this Federal Register publication, we are
publishing a separate document that will serve as the proposal to
approve the SIP revision if relevant adverse comments are received.
This rule will be effective on January 21, 2014 without further notice
unless we receive relevant adverse comment by December 23, 2013. If we
receive relevant adverse comments, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect. We will address all public comments in a subsequent final
rule based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
now. Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
II. What did Texas submit?
FutureGen is a United States Department of Energy (DOE) program
designed to promote the advancement and development of new
technologies. FutureGen refers to a combination of technologies for
carbon sequestration, carbon dioxide enhanced oil recovery, electric
generation, and hydrogen production. FutureGen is a technology
demonstration project that is a partnership between industry
participants and the DOE.
The 79th Texas Legislature passed House Bill 2201 (HB 2201) in
2005, and concluded that the FutureGen technology demonstration project
could result in major economic, social and environmental benefits for
Texas. In order to help Texas compete for federal funding associated
with the FutureGen Project, the Texas Legislature passed HB 2201 to
provide for streamlined permitting by specifically exempting FutureGen
projects from the contested case hearing process.
March 9, 2006 SIP Submittal
Pursuant to the directive of Texas HB 2201, on February 22, 2006,
the TCEQ adopted the new provisions to Chapter 116 to establish
streamlined permitting procedures and rules for the FutureGen Project.
At the same time, the TCEQ also adopted public participation provisions
for the FutureGen Project to provide for the exemption from contested
case hearing. These new provisions were submitted to EPA as a SIP
revision on March 9, 2006 by the Chairman of the TCEQ, Ms. Kathleen
Hartnett White, as Rule Project No. 2005-053-091-PR.
July 2, 2010 SIP Submittal
The TCEQ subsequently adopted revisions to the public notice
provisions for the entirety of the Texas Air Permit program on June 2,
2010. The Chairman of the TCEQ, Mr. Bryan W. Shaw, Ph.D., submitted
these revised public participation rules as a revision to the Texas SIP
on July 2, 2010 as part of Rule
[[Page 69775]]
Project No. 2010-004-039-LS. On this date, the TCEQ also withdrew the
previous public notice SIP submittals, including the FutureGen specific
public notice provisions submitted on March 9, 2006. Therefore, the
public notice provisions specific to the FutureGen Program that remain
before EPA for action were submitted on July 2, 2010.
The July 2, 2010 SIP submittal established the public participation
provisions for the majority of the Texas air permitting programs,
including applications for the FutureGen Program. On December 13, 2012,
EPA proposed approval of most of the public participation rules
submitted on July 2, 2010. See 77 FR 74129. However, in that proposed
approval we severed and took no action on the portions of the public
notice provisions establishing applicability and response to comment
provisions specific to FutureGen Program applications at 30 TAC
39.402(a)(10), 39.419(e)(3) and 39.420(h). We deferred action on these
provisions until such time as we evaluated the underlying permit
provisions for the FutureGen Program at 30 TAC Chapter 116, Subchapter
L. See 77 FR 74129. EPA is addressing the July 2, 2010, submittal of 30
TAC 39.402(a)(10), 39.419(e)(3) and 39.420(h) through today's direct
final action.
III. EPA's Evaluation
We provide our evaluation for this rulemaking in this section.
Additional information to support our evaluation is available in the
TSDs for this rulemaking, which are available in the rulemaking docket.
Our evaluation shows that a FutureGen Project could be a PSD, NNSR
or minor NSR source; therefore, we reviewed the program against the
federal permitting and public notice requirements and the existing SIP-
approved provisions in Texas. The FutureGen permitting provisions
require an applicant to demonstrate compliance with all requirements
for PSD and NNSR permitting; which would require the FutureGen
applicant to also comply with the public notice rules applicable to PSD
and NNSR permitting.\1\ Additionally, the FutureGen permitting
provisions require an applicant to demonstrate protection of public
health and welfare by complying with the Texas Health and Safety Code
and all applicable rules and regulations of the TCEQ. Accordingly, we
find that the FutureGen Program permitting and public notice rules as
submitted March 9, 2006 and July 2, 2010 are consistent with the
requirements of the CAA and EPA's regulations, and protect the
integrity of the Texas SIP.
---------------------------------------------------------------------------
\1\ EPA proposed approval of revised public notice rules for
Texas air permitting on December 13, 2012. See 77 FR 74129.
---------------------------------------------------------------------------
Since the adoption of Texas HB 2201 and the adoption and submittal
of the associated Texas SIP provisions, the FutureGen Project has been
awarded to the State of Illinois. Additionally, the DOE decided to stop
funding the FutureGen Project in 2008. On August 5, 2010, the DOE
introduced FutureGen 2.0; a reinvention of the original FutureGen
Project concept still planned for Illinois. Therefore, the submitted
rules establishing the permitting and public notice rules for the
FutureGen Project likely will not be used in Texas because the
underlying FutureGen Project is not in existence in Texas.
EPA, however, has a statutory obligation to review and act upon SIP
submittals pursuant to CAA 110(k). Because the State of Texas submitted
the regulatory provisions for the FutureGen Project for approval into
the Texas SIP, and has not subsequently requested to withdraw the
program from our consideration, we are required to take action even
though the program is superfluous to the SIP. Our authority under CAA
110(k)(4) does not provide us the ability to disapprove a program
solely because it is no longer needed. Neither can we take steps to
return the superfluous provisions to the state absent a direct request.
Therefore, EPA must proceed with this proposed action to satisfy our
obligations under the CAA.
IV. Final Action
Under section 110 and parts C and D of the Act, and for the reasons
stated above, EPA is taking direct final action to approve revisions to
the Texas SIP submitted on March 9, 2006 and July 2, 2010 for the
Permits for Specific Designated Facilities Program, or the FutureGen
Project, as consistent with the CAA and EPA's policy and guidance.
Specifically, EPA is approving the following new provisions
establishing the FutureGen permitting requirements as submitted on
March 9, 2006: 30 TAC 116.1400, 116.1402, 116.1404, 116.1406, 116.1408,
116.1410, 116.1414, 116.1416, 116.1418, 116.1420, 116.1422, 116.1424,
116.1426 and 116.1428. EPA is approving the new provisions establishing
the FutureGen-specific public notice provisions at 30 TAC
39.402(a)(10), 39.419(e)(3) and 39.420(h) as submitted on July 2, 2010.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small
[[Page 69776]]
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 January 21, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: November 1, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In section 52.2270(c) the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended as follows:
0
a. Immediately following the entry for Section 19.14, by adding a new
centered heading ``Chapter 39--Public Notice'' followed by a new
centered heading ``Subchapter H--Applicability and General Provisions''
followed by new entries for Sections 39.402, 39.419, and 39.420; and
0
b. Under Chapter 116 (Reg 6)--Control of Air Pollution by Permits for
New Construction or Modification, immediately following the entry for
Section 116.931, by adding a new centered heading for ``Subchapter L--
Permits for Specific Designated Facilities'' followed by new entries
for Sections 116.1400, 116.1402, 116.1404, 116.1406, 116.1408,
116.1410, 116.1414, 116.1416, 116.1418, 116.1420, 116.1422, 116.1424,
116.1426 and 116.1428.
The additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 39--Public Notice
Subchapter H--Applicability and General Provisions
----------------------------------------------------------------------------------------------------------------
Section 39.402............... Applicability to 6/2/2010 11/21/2013 [Insert SIP only includes
Air Quality FR page number 39.402(a)(10).
Permits and where document
Permit Amendments. begins].
Section 39.419............... Notice of 6/2/2010 11/21/2013 [Insert SIP only includes
Application and FR page number 39.419(e)(3).
Preliminary where document
Determination. begins].
Section 39.420............... Transmittal of the 6/2/2010 11/21/2013 [Insert SIP only includes 39.420(h).
Executive FR page number
Director's where document
Response to begins].
Comments and
Decision.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter L--Permits for Specific Designated Facilities
----------------------------------------------------------------------------------------------------------------
Section 116.1400............. Purpose........... 2/22/2006 11/21/2013 [Insert ............................
FR page number
where document
begins].
Section 116.1402............. Applicability..... 2/22/2006 11/21/2013 [Insert ............................
FR page number
where document
begins].
Section 116.1404............. Permit Required... 2/22/2006 11/21/2013 [Insert ............................
FR page number
where document
begins].
Section 116.1406............. Compliance History 2/22/2006 11/21/2013 [Insert ............................
FR page number
where document
begins].
Section 116.1408............. Definitions....... 2/22/2006 11/21/2013 [Insert ............................
FR page number
where document
begins].
Section 116.1410............. Emissions Profile 2/22/2006 11/21/2013 [Insert ............................
for FutureGen FR page number
Projects. where document
begins].
Section 116.1414............. Applications for 2/22/2006 11/21/2013 [Insert ............................
Facilities that FR page number
are Components of where document
a Designated begins].
Project.
[[Page 69777]]
Section 116.1416............. Public Notice..... 2/22/2006 11/21/2013 [Insert ............................
FR page number
where document
begins].
Section 116.1418............. Public 2/22/2006 11/21/2013 [Insert ............................
Participation. FR page number
where document
begins].
Section 116.1420............. Permit Fee........ 2/22/2006 11/21/2013 [Insert ............................
FR page number
where document
begins].
Section 116.1422............. General and 2/22/2006 11/21/2013 [Insert ............................
Special FR page number
Conditions. where document
begins].
Section 116.1424............. Amendments and 2/22/2006 11/21/2013 [Insert ............................
Alterations of FR page number
Permits Issued where document
Under This begins].
Subchapter.
Section 116.1426............. Renewal of Permits 2/22/2006 11/21/2013 [Insert ............................
Issued Under This FR page number
Subchapter. where document
begins].
Section 116.1428............. Delegation........ 2/22/2006 11/21/2013 [Insert ............................
FR page number
where document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-27991 Filed 11-20-13; 8:45 am]
BILLING CODE 6560-50-P
