Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State Implementation Plan (SIP); Standard Permit for Oil and Gas Facilities and Standard Permit Applicability, 77621-77628 [2013-30729]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules
Independence Ave. SW., Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
(m) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Fort Worth Airplane
Certification Office Fort Worth Airplane
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (n)(1) of this AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(n) Related Information
(1) For more information about this AD,
contact Andrew McAnaul, Aerospace
Engineer, FAA, ASW–150 (c/o San Antonio
MIDO), 10100 Reunion Place, Suite 650, San
Antonio, Texas 78216; phone: (210) 308–
3365; fax: (210) 308–3370; email:
andrew.mcanaul@faa.gov.
(2) For service information identified in
this AD, contact M7 Aerospace LP, 10823 NE
Entrance Road, San Antonio, Texas 78216;
phone: (210) 824–9421; fax: (210) 804–7766;
Internet: https://www.m7aerospace.com;
email: none. You may view this referenced
service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the
availability of this material at the FAA, call
816–329–4148.
Issued in Kansas City, Missouri, on
December 13, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2013–30503 Filed 12–23–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
37 CFR Parts 1, 3, 5 and 11
[Docket No. PTO–C–2013–0059]
sroberts on DSK5SPTVN1PROD with PROPOSALS
Forum To Discuss Proposed Changes
To Implement the Hague Agreement
Concerning International Registration
of Industrial Designs
United States Patent and
Trademark Office, Commerce.
ACTION: Notice of meeting.
AGENCY:
The United States Patent and
Trademark Office (‘‘USPTO’’ or
‘‘Office’’) is convening a forum to
discuss implementation of title I of the
SUMMARY:
VerDate Mar<15>2010
16:33 Dec 23, 2013
Jkt 232001
Patent Law Treaties Implementation Act
of 2012 (‘‘PLTIA’’). The PLTIA amends
the patent laws to implement the
provisions of the 1999 Geneva Act of the
Hague Agreement Concerning
International Registration of Industrial
Designs (‘‘Hague Agreement’’) and is to
take effect on the entry into force of the
Hague Agreement with respect to the
United States. On November 29, 2013,
the Office published a proposed rule in
the Federal Register proposing changes
to the rules of practice to implement
title I of the PLTIA and seeking written
comments on the proposals. The forum
is an additional way for the public to
learn about the Office’s proposals in
advance of the written comment
deadline.
DATES:
Event: The USPTO will hold a forum
in Alexandria, Virginia, on January 14,
2014, beginning at 9:00 a.m. Eastern
Standard Time (EST), and ending at
12:00 p.m. EST.
Registration: Registration for the
forum is requested by December 31,
2013.
ADDRESSES:
Event: The forum will be held at:
Madison Auditorium, Concourse Level,
United States Patent and Trademark
Office Headquarters, 600 Dulany Street,
Alexandria, Virginia 22314.
Registration: Registration is required.
Early registration is recommended
because seating is limited. There is no
fee to register for the forum, and
registration will be on a first-come, firstserved basis. Registration on the day of
the event will be permitted on a spaceavailable basis beginning 30 minutes
before the event.
To register, please go to: https://
www.SignUp4.net/Public/
ap.aspx?EID=610J10E and provide the
requested information. Each attendee,
even if from the same organization,
must register separately. If you need
special accommodations due to a
disability, please inform the contact
person identified below.
The USPTO plans to make the forum
event available via Web cast. Web cast
information will be available on the
USPTO’s Internet Web site before the
event.
FOR FURTHER INFORMATION CONTACT:
David Gerk, by telephone at 571–272–
9300, or by electronic mail message at
David.Gerk@uspto.gov, or Boris Milef,
by telephone at 571–272–3288, or by
electronic mail message at Boris.Milef@
uspto.gov.
SUPPLEMENTARY INFORMATION:
Purpose: This document is to
announce that a forum will be convened
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
77621
by the Office to discuss the proposed
changes to the Office’s rules of practice
in order to implement title I of the
PLTIA. See Changes To Implement the
Hague Agreement Concerning
International Registration of Industrial
Designs, 78 FR 71870 (Nov. 29, 2013).
Public comments will not be solicited
for the forum. However, written
comments to the proposed rules can be
submitted on or before January 28, 2014,
as set forth in the Office’s notice of
proposed rulemaking. While public
attendees may have the opportunity to
ask questions, group consensus advice
will not be sought. Additional details
regarding specific topics for the forum
will be made available on the Office’s
Web site.
Background: The Hague Agreement
provides that an applicant may apply
for design protection in all member
countries and with intergovernmental
organizations by filing a single,
standardized international design
application in a single language. Title I
of the PLTIA amends title 35 to
implement the provisions of the Hague
Agreement and is to take effect on the
entry into force of the Hague Agreement
with respect to the United States. For
the forum, the Office intends to provide
information regarding the proposed rule
changes to implement the PLTIA.
Additional information concerning the
proposed rules and the Hague
Agreement, and any updates concerning
the forum, can be found on the Office’s
Web site, www.uspto.gov.
Dated: December 19, 2013.
Margaret A. Focarino,
Commissioner for Patents, performing the
functions and duties of the Under Secretary
of Commerce for Intellectual Property and
Director of the United States Patent and
Trademark Office.
[FR Doc. 2013–30785 Filed 12–23–13; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0528; FRL—9904–
67—Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the New Source Review
(NSR) State Implementation Plan (SIP);
Standard Permit for Oil and Gas
Facilities and Standard Permit
Applicability
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
E:\FR\FM\24DEP1.SGM
24DEP1
77622
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules
EPA is proposing to approve
revisions to the Texas New Source
Review (NSR) State Implementation
Plan (SIP) submitted by the Texas
Commission on Environmental Quality
(TCEQ) on September 20, 1995; April
19, 1996; July 22, 1998; and September
11, 2000. These revisions to the Texas
SIP establish the Standard Permit for
Installation and/or Modification of Oil
and Gas Facilities. EPA also proposes to
approve non-substantive revisions to the
Texas Standard Permit SIP rules relating
to applicability, submitted on February
1, 2006, and March 11, 2011. EPA
proposes to find that these revisions to
the Texas SIP comply with the Federal
Clean Air Act (the Act or CAA) and EPA
regulations and are consistent with EPA
policies. EPA is proposing these actions
under section 110 of the Act.
DATES: Comments must be received on
or before January 23, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2011–0528, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions for submitted
comments.
• Email: Ms. Adina Wiley at
wiley.adina@epa.gov.
• 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–2011–
0528. 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
sroberts on DSK5SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:33 Dec 23, 2013
Jkt 232001
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.
The State submittal related to this SIP
revision, and which is part of the EPA
docket, is also available for public
inspection at the State Air Agency listed
below during official business hours by
appointment:
The State submittals, which are part
of the EPA docket, are also available for
public inspection at the State Air
Agency during official business hours
by appointment: Texas Commission on
Environmental Quality, Office of Air
Quality, 12124 Park 35 Circle, Austin,
Texas 78753.
FOR FURTHER INFORMATION CONTACT: Ms.
Adina Wiley, Air Permits Section,
telephone (214) 665–2115; fax (214)
665–6762; email wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the
following terms have the meanings
described below:
• ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
• ‘‘Act’’ and ‘‘CAA’’ means Clean Air
Act.
• ‘‘40 CFR’’ means Title 40 of the
Code of Federal Regulations—Protection
of the Environment.
• ‘‘SIP’’ means State Implementation
Plan as established under section 110 of
the Act.
• ‘‘NSR’’ means new source review, a
phrase intended to encompass the
statutory and regulatory programs that
regulate the construction and
modification of stationary sources as
provided under CAA section
110(a)(2)(C), CAA Title I, parts C and D,
and 40 CFR 51.160 through 51.166.
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
• ‘‘Minor NSR’’ means NSR
established under section 110 of the Act
and 40 CFR 51.160.
• ‘‘NNSR’’ means nonattainment NSR
established under Title I, section 110
and part D of the Act and 40 CFR
51.165.
• ‘‘PSD’’ means prevention of
significant deterioration of air quality
established under Title I, section 110
and part C of the Act and 40 CFR
51.166.
• ‘‘Major NSR’’ means any new or
modified source that is subject to NNSR
and/or PSD.
• ‘‘TSD’’ means the Technical
Support Document for this action.
• ‘‘NAAQS’’ means national ambient
air quality standards promulgated under
section 109 of that Act and 40 CFR part
50.
• ‘‘TCEQ’’ means ‘‘Texas Commission
on Environmental Quality.’’
Table of Contents
I. What action is EPA proposing?
II. What has the State submitted?
III. EPA’s Evaluation
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. What action is EPA proposing?
EPA is proposing to approve four
submittals from the State of Texas as
revisions to the Texas New Source
Review (NSR) State Implementation
Plan (SIP) that incorporate the Standard
Permit for Installation and/or
Modification of Oil and Gas Facilities
(hereafter referred to as the ‘‘Oil and Gas
Standard Permit’’). Texas initially
submitted the Standard Permit
provisions on September 20, 1995, and
submitted subsequent revisions to those
provisions on April 19, 1996; July 22,
1998; and September 11; 2000. We also
are proposing to approve submittals
from the State of Texas as a revision to
the NSR SIP that contain nonsubstantive changes to the applicability
provisions of the Standard Permits SIP
permitting program. Texas submitted
revisions to the Standard Permit
applicability provisions on February 1,
2006 and resubmitted them on March
11, 2011.
We have evaluated the SIP
submissions for whether they meet the
Act and 40 CFR part 51, and are
consistent with EPA’s interpretation of
the relevant provisions. Based upon our
evaluation, EPA has concluded that the
SIP revision submittals for the Oil and
Gas Standard Permit and the nonsubstantive revisions to the Standard
Permit applicability provisions meet the
applicable requirements of the Act and
40 CFR part 51. Therefore, EPA is
proposing to approve the provisions of
E:\FR\FM\24DEP1.SGM
24DEP1
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules
the submittals relating to the Oil and
Gas Standard Permit SIP revisions and
to the Standard Permit applicability
provisions. EPA is proposing this action
under section 110 of the Clean Air Act
(CAA).
II. What has the State submitted?
A. Submittals Relating to the Oil and
Gas Standard Permit
The TCEQ has developed and
submitted the Oil and Gas Standard
Permit as a revision to the Texas Minor
NSR permit program. The Standard
Permit was initially developed by TCEQ
in 1995, and TCEQ has adopted
subsequent amendments and submitted
these as revisions to the Texas SIP since
that time. As discussed in Section I of
this rulemaking, EPA is proposing
approval of the Oil and Gas Standard
Permit—from the date of the initial
submittal, dated September 20, 1995,
through the September 11, 2000 SIP
revision. This Section contains a brief
summary of each of the SIP revisions
pertaining to the Oil and Gas Standard
Permit that is subject to our proposed
approval.
i. September 20, 1995 SIP Submittal
On July 26, 1995, the Texas Natural
Resources Conservation Commission
(TNRCC) 1 adopted revisions to the state
regulations to establish the Oil and Gas
Standard Permit. The Standard Permit
was adopted at Title 30 of the Texas
Administrative Code (30 TAC) Chapter
116.617(3). Note that the September 20,
1995 SIP submittal contained
additional, severable, revisions to 30
TAC Chapter 116, which are not
addressed as part of this rulemaking.
ii. April 19, 1996 SIP Submittal
On March 27, 1996, the TNRCC
adopted amendments to the state
regulations to delete 30 TAC
116.617(3)—Installation and/or
Modification of Oil and Gas Facilities
and move the Standard Permit to 30
TAC 116.620. The Standard Permit
previously contained in 30 TAC
116.617(3) was moved and renumbered
to conform these sections to Texas
Register style conventions and to allow
ease in revising the section in the future.
Note that the April 19, 1996 SIP
submittal contained additional,
severable, revisions to 30 TAC Chapter
116, which are not addressed as part of
this rulemaking.
iii. July 22, 1998 SIP Submittal
On June 17, 1998, the TNRCC adopted
amendments to the state regulations that
included amendments to 30 TAC
116.620. These revisions added a
requirement that sources subject to
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
show compliance with Maximum
Achievable Control Technology (MACT)
standards, and also made nonsubstantive changes. Note that the July
22, 1998 SIP submittal contained
additional, severable, revisions to 30
77623
TAC Chapter 116, which are not
addressed as part of this rulemaking.
iv. September 11, 2000 SIP Submittal
On August 9, 2000, the TNRCC
adopted amendments to the state
regulations that included amendments
to 30 TAC 116.620. These revisions
made non-substantive changes. Note
that the September 11, 2000 SIP
submittal contained additional,
severable, revisions to 30 TAC Chapters
101 and 116, which are not addressed
as part of this rulemaking.
B. Relating to Standard Permit
Applicability Provisions
i. February 1, 2006 SIP Submittal
On January 11, 2006, the TCEQ
adopted revisions to the Standard
Permit SIP rules, which made nonsubstantive changes to the applicability
provisions in 30 TAC 116.610(a) and (b).
Note that the February 1, 2006 SIP
submittal contained additional,
severable, revisions to 30 TAC Chapter
116, which are not addressed as part of
this rulemaking.
ii. March 11, 2011 SIP Submittal
On March 11, 2011, the same changes
that were submitted on February 1,
2006, to 30 TAC 116.610(a) and (b) were
resubmitted. Note that the March 11,
2011 SIP submittal contained
additional, severable, revisions to 30
TAC Chapter 116, which are not
addressed as part of this rulemaking.
TABLE 1—SUMMARY OF PENDING SIP SUBMITTALS ADDRESSED IN THIS ACTION
Date submitted
to EPA
Date adopted by
State
Date effective as
State rule
9/20/1995 ........
4/19/1996 ........
7/26/1995
3/27/1996
9/1/1995
4/19/1996
7/22/1998 ........
9/11/2000 ........
02/01/2006 ......
03/11/2011 ......
6/17/1998
8/9/2000
01/11/2006
01/11/2006
7/8/1998
9/4/2000
02/01/2006
02/01/2006
Sections related to standard permit for installation and/or modification of oil
and gas facilities
Submittal of new Section 116.617(3).
Deletion of Section 116.617(3); Standard Permit moved and renumbered to new Section 116.620 to conform to Texas Register style conventions.
Revisions to Section 116.620.
Revisions to Section 116.620.
Revisions to Section 116.610.
Revisions to Section 116.610.
TABLE 2—SUMMARY OF THE INDIVIDUAL REVISIONS TO EACH SECTION EVALUATED
Date
submitted
to EPA
Section—title
Date adopted
by State
Date effective
as State rule
Comments
30 TAC Chapter 116—Control of Air Pollution by Permits for New Construction or Modification
sroberts on DSK5SPTVN1PROD with PROPOSALS
Subchapter F—Standard Permits
Section 116.610—Standard Permit Applicability.
1 TNRCC
01/11/06
02/01/06
03/11/11
Section 116.617—Standard Permit List .........
02/01/06
01/11/06
02/01/06
9/20/1995
7/26/1995
9/1/1995
• Non-substantive changes to 116.610(a).
• Non-substantive changes to 116.610(b).
Resubmittal of the January 11, 2006 adopted
changes to 116.610(a) and (b).
Initial adoption of Standard Permit at
116.617(3).
is the predecessor agency of the TCEQ.
VerDate Mar<15>2010
16:33 Dec 23, 2013
Jkt 232001
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
E:\FR\FM\24DEP1.SGM
24DEP1
77624
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules
TABLE 2—SUMMARY OF THE INDIVIDUAL REVISIONS TO EACH SECTION EVALUATED—Continued
Date
submitted
to EPA
sroberts on DSK5SPTVN1PROD with PROPOSALS
2 EPA did not approve the Standard Permit for
Installation and/or Modification of Oil and Gas
Facilities in the November 14, 2003, action as part
of the Texas SIP (68 FR 64543, at 64547).
VerDate Mar<15>2010
16:33 Dec 23, 2013
Jkt 232001
3/27/1996
3/27/1996
4/19/1996
4/19/1996
6/17/1998
7/8/1998
9/11/2000
C. Overview of the Oil and Gas Standard
Permit
EPA approved Texas’ general
regulations for Standard Permits in 30
TAC Subchapter F of 30 TAC Chapter
116 on November 14, 2003 (68 FR
64543) as meeting the federal
requirements for Minor NSR.2 The
November 14, 2003, action describes
how those rules meet EPA’s
requirements for new minor sources and
minor modifications. A Standard Permit
is a minor NSR permit that is adopted
under Chapter 116, Subchapter F.
Subchapter F provides an alternative
process for approving the construction
of certain categories of new and
modified sources for which TCEQ has
adopted a Standard Permit. These
Date effective
as State rule
4/19/1996
4/19/1996
Section 116.620—Installation and/or Modification of Oil and Gas Facilities.
Date adopted
by State
7/22/1998
Section—title
8/9/2000
9/4/2000
provisions provide for a streamlined
minor NSR mechanism for authorizing
the construction of certain sources
within source categories for which
TCEQ has adopted a Standard Permit. A
Standard Permit is not available to a
facility or group of facilities that
undergo a change that constitutes a new
major source or major modification
under Title I of the Act, part C
(Prevention of Significant Deterioration
of Air Quality) or part D (Nonattainment
Review). Such major source or major
modification must comply with the
applicable permitting requirements
under Chapter 116, Subchapter B,
which meet the new source review
requirements in Title I, part C or part D
of the Act. A facility that qualifies for
a minor NSR Standard Permit must also
comply with all applicable provisions of
section 111 of the Act (NSPS) and
section 112 of the Act (NESHAP).
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
Comments
Deletion of 116.617(3).
Initial adoption of this section; Standard Permit moved from 116.617(3).
• 116.620(a)(4) removed reference to standard exemption (SE) 6 and replaced with
reference to PBR 106.512.
• 116.620(a)(13) was updated to include reference to case-by-case MACT review
under Subchapter C.
• 116.620(a)(14) was subdivided into sections 116.620(a)(14)–(15).
• 116.620(a)(16) was added to require
sources subject to NESHAPs to show
compliance with MACT standards.
• 116.620(a)(15)–(16) were renumbered to
(17) and (18).
• 116.620(b)(1) removed reference to SE 83
and replaced with reference to PBR
106.476.
• 116.620(c)(1)(A) uses EPA acronym in
place of formal name.
• 116.620(c)(1)(J) adds ‘‘Permits’’ to division
name.
• 116.620(c)(2)(J) adds ‘‘Permits’’ to division
name.
• 116.620(d)(3) changes office name.
• 116.620(e)(1) changes office name and removes ‘‘his or her designated representative’’.
• 116.620(a)(4) eliminated the parenthetical
reference to the former standard exemption 6.
• 116.620(a)(11) eliminated parentheses
around H2S.
• 116.620(b)(1) eliminated the parenthetical
reference to previous SE 83.
• 116.620(b)(E) eliminated reference to ‘‘exemptions’’ and now refers to ‘‘permits by
rule’’ consistent with the other rule language updates.
• 116.620(c)(1)(J) changes office name.
Furthermore, a facility that qualifies for
a minor NSR Standard Permit must
comply with all rules and regulations of
TCEQ.
A Standard Permit is not a case-bycase Minor NSR SIP permit, but rather
it is a streamlined mechanism with all
permitting requirements for
construction and operation of a certain
source category. Therefore, each
Standard Permit approved in a SIP
should contain all terms and conditions
on the face of it (combined with the SIP
general requirements), and it should not
be used to address site-specific
determinations.
The Oil and Gas Standard Permit was
developed to provide a streamlined
permitting process for oil and gas
facilities. The Standard Permit
contained in 30 TAC 116.620 simplifies
the permit review process for these
facilities by establishing standardized
E:\FR\FM\24DEP1.SGM
24DEP1
sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules
conditions applicable to the oil and gas
industry, which help to streamline the
agency review process and allow more
rapid approval than would be possible
under case-by-case minor NSR review
permitting.
The standardized conditions
contained in the Oil and Gas Standard
Permit include emission specifications,
control requirements, inspection
requirements, approved test methods
provisions, and monitoring and
recordkeeping requirements. In
addition, a source applying for
authorization under 30 TAC 116.620
must also meet the applicable
requirements contained in the other
Sections under 30 TAC Chapter 116,
Subchapter F—Standard Permits, which
include registration and fee
requirements and general permit
conditions for Standard Permits. In
accordance with 30 TAC 116.610(b), the
Oil and Gas Standard Permit is limited
to Minor NSR and cannot be used to
authorize a project that constitutes a
new major stationary source or major
modification. Therefore, as discussed in
the following section, the Oil and Gas
Standard Permit provisions are
evaluated with respect to the applicable
Minor NSR requirements.
As previously mentioned, the Oil and
Gas Standard Permit includes
standardized conditions for the
emission units located at oil and gas
facilities that may be authorized by the
Standard Permit. The types of emission
units that may be authorized by the
Standard Permit are the following:
• Internal combustion engines (ICEs),
• Natural gas turbines (NG turbines),
• Flares,
• Other combustion units (design
heat input > 40 million Btu per hour),
• Natural gas glycol dehydration
units,
• Storage tanks,
• Separators,
• Condensers,
• Vapor recovery units,
• Process vents, and
• Process fugitives.
In order for one of the previouslylisted emission units to be authorized by
the Standard Permit, that unit must
meet the applicable unit-specific
standardized conditions, and, the oil
and gas facility as a whole must meet
any applicable site-wide standardized
conditions contained in the Standard
Permit. If a proposed project at an oil
and gas facility includes any emission
units that are not explicitly covered by
the Oil and Gas Standard Permit, the
permit applicant would turn to another
type of Standard Permit authorization or
a permit-by-rule (PBR) or, if necessary,
case-by-case NSR permitting for
VerDate Mar<15>2010
16:33 Dec 23, 2013
Jkt 232001
authorization. For example, the Oil and
Gas Standard Permit does not provide
authorization for cooling towers.
Therefore, an oil and gas facility with a
cooling tower on-site would not be able
to use the Oil and Gas Standard Permit
to authorize the emissions from that
emission unit, but could rely upon the
separate cooling tower SP or PBR.3 Any
other emission units not specifically
authorized under the Oil and Gas
Standard Permit also could obtain
authorization through either a SP or
PBR that explicitly addresses it or
obtain a case-by-case minor NSR permit.
In addition to cooling towers, other
examples of emission units that may be
found at oil and gas facilities that are
not covered by the Oil & Gas Standard
Permit include, but are not limited to,
truck loading emissions, heat
exchangers, amine sweetening units,
and sulfur recovery units. If EPA
discovers evidence to support the
determination that the TCEQ were
found to be misapplying the Oil and Gas
Standard Permit or a permittee obtained
authorization under this Standard
Permit for emission units that are
outside the scope of 116.620, then EPA
or the public could address this
implementation failure on a permit
specific basis or other CAA remedy
mechanism, such as a finding of failure
to implement.
III. EPA’s Evaluation
The Act at Section 110(a)(2)(C)
requires states to develop and submit to
EPA for approval into the state SIP,
preconstruction review and permitting
programs applicable to certain new and
modified stationary sources of air
pollutants for attainment and
nonattainment areas that cover both
major and minor new sources and
modifications, collectively referred to as
the NSR SIP. The CAA NSR SIP
program is composed of three separate
programs: Prevention of Significant
Deterioration (PSD), Nonattainment
New Source Review (NNSR), and Minor
NSR. PSD is established in part C of title
I of the CAA and applies in areas that
meet the NAAQS—‘‘attainment areas’’—
as well as areas where there is
insufficient information to determine if
the area meets the NAAQS—
‘‘unclassifiable areas.’’ The NNSR SIP
program is established in part D of title
I of the CAA and applies in areas that
are not in attainment of the NAAQS—
‘‘nonattainment areas.’’ The Minor NSR
SIP program addresses construction or
3 For example, cooling towers, including those
located at oil and gas facilities, that meet all of the
applicable PBR requirements may be authorized
under the SIP-approved Cooling-Water Unit PBR
found at 30 TAC 116.371.
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
77625
modification activities that do not emit,
or have the potential to emit, beyond
certain major source/major modification
thresholds and thus do not qualify as
‘‘major’’ and applies regardless of the
designation of the area in which a
source is located. Any submitted SIP
revision, including revisions to a Minor
NSR program, must meet the applicable
requirements for SIP elements in section
110 of the Act, and be consistent with
all applicable statutory and regulatory
requirements.
EPA regulations governing the criteria
that states must satisfy for EPA approval
of the NSR programs as part of the SIP
are contained in 40 CFR Sections
51.160–51.166. Regulations specific to
Minor NSR programs are contained in
40 CFR Section 51.160–51.164. The
TCEQ has developed the Oil and Gas
Standard Permit as a component of the
Texas Minor NSR program; therefore we
will evaluate the Standard Permit as
submitted on September 20, 1995; April
19, 1996; July 22, 1998; and September
11, 2000, against the federal
requirements for Minor NSR programs.
40 CFR Section 51.160 establishes the
requirements that all Minor NSR
programs must meet. We will address
these specific requirements in Section
III.A. 40 CFR Section 51.161 establishes
the public notice requirements for
Minor NSR programs. We will address
the public notice requirements more
fully in Section III.B. Section 51.160–
51.164 requires that a SIP revision
demonstrate that the adopted rules will
not interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement of the CAA. We
will address the specific requirements
for permitting activities that ensure
attainment more fully in Section III.C.
A. EPA’s Evaluation of Requirements for
Minor NSR
EPA’s regulations addressing a Minor
NSR program as part of a state’s SIP are
included at 40 CFR 51.160, which
applies to all programs under Title I of
the CAA. These provisions of a Minor
NSR program must provide that the
permitting authority will not permit the
construction of a facility or modification
that will cause a violation of applicable
portions of the control strategy or
interfere with attainment or
maintenance of a NAAQS. To
accomplish this goal, the state’s Minor
NSR program must include the means
by which the state agency will review
and take final action on proposed new
construction or modification to be
protective of the control strategy and
NAAQS. As stated in 40 CFR 51.160, all
NSR programs, including the Minor
E:\FR\FM\24DEP1.SGM
24DEP1
sroberts on DSK5SPTVN1PROD with PROPOSALS
77626
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules
NSR program, must include legally
enforceable 4 procedures that meet the
following requirements:
• Provide for the submission, by the
owner or operator of the building,
facility, structure or installation to be
constructed or modified of such
information on the nature and amounts
of emissions to be emitted by it or
emitted by associated mobile sources;
and the design, construction and
operation of such facility, building,
structure, or installation as may be
necessary to allow the permitting
authority to make a determination on
approvability. 40 CFR 51.160(c).
• The Minor NSR program must
provide that approval of any
construction or modification must not
affect the responsibility of the owner or
operator to comply with applicable
portions of the control strategy. 40 CFR
51.160(d).
• The Minor NSR program must
include procedures to identify the types
and sizes of facilities, buildings,
structures, or installations which will be
subject to review. The Minor NSR
program must also discuss the basis for
determining which facilities will be
subject to review. 40 CFR 51.160(e).
• The Minor NSR program must also
discuss the air quality data and the
dispersion or other air quality modeling
used to meet the NSR requirements. 40
CFR 51.160(f).
The SIP submittals being evaluated as
part of this rulemaking are for a
Standard Permit that is submitted as
part of Texas’s Minor NSR program;
therefore, the provisions from the Oil
and Gas Standard Permit are evaluated
against the federal requirements for
Minor NSR and in conjunction with the
existing SIP-approved provisions of the
Standard Permitting Program found in
30 TAC Chapter 116, Subchapter F—
Standard Permits that provides the basic
requirements that a facility must meet to
qualify for a Standard Permit.
Based on our evaluation, we propose
to find that the Oil and Gas Standard
Permit provisions found in 30 TAC
116.620 provide for the necessary
procedures and applicable requirements
that are required for Minor NSR
programs. Our evaluation is
summarized below with additional
details regarding our evaluation
available in the TSD accompanying this
rulemaking.
In accordance with 30 TAC 116.611,
sources seeking authorization via the
Oil and Gas Standard Permit are
required to submit a Standard Permit
4 A requirement is ‘‘legally enforceable’’ if some
authority has the right to enforce the restriction. 67
FR 80186, at 80190.
VerDate Mar<15>2010
16:33 Dec 23, 2013
Jkt 232001
registration to TCEQ, which is to
include information regarding the
proposed project to be authorized (e.g.,
emission estimates, description of
project and related process, description
of equipment being installed). 30 TAC
116.615 includes general conditions that
must be met by sources authorized via
a Standard Permit, including the Oil
and Gas Standard Permit. These general
conditions specifically require that
sources authorized under a Standard
Permit comply with all ‘‘rules,
regulations, and orders of the
commission issued in conformity with
the [Texas Clean Air Act].’’ See 30 TAC
116.615(10). In the case where more
than one state or federal rule of
regulation or permit condition are
applicable, the source must comply
with the most stringent requirement or
limit. See 30 TAC 116.615(10).
Therefore, the conditions of the
Standard Permit in no way supersede or
relax other applicable state or federal
requirements. In addition, the
provisions found in the Oil and Gas
Standard Permit under 30 TAC 116.620
also require that sources authorized
under the Standard Permit submit
appropriate documentation to
demonstrate compliance with state and
federal provisions, including PSD,
NNSR, NSPS, and NESHAP. The
Standard Permit also requires that new
or increased emissions authorized under
the permit shall not cause or contribute
to a violation of any NAAQS and
references that engineering judgment
and/or air dispersion modeling may be
used to demonstrate NAAQS
compliance for the specific minor
construction project. See 30 TAC
116.620(a)(13)–(17). Regarding testing,
recordkeeping, reporting and
monitoring provisions, the Oil and Gas
Standard Permit contains provisions
that include these requirements for the
emission sources that can be authorized
under the Standard Permit. See 30 TAC
116.620(c)–(e). As discussed in Section
I.E of this rulemaking and the
accompanying TSD, the Oil and Gas
Standard Permit may be used to
authorize only those emission sources
that are specifically covered by the
Standard Permit provisions. Therefore,
the Standard Permit contains testing,
recordkeeping, reporting and
monitoring provisions for the covered
emission sources as necessary to ensure
compliance with applicable
requirements for those covered sources.
Based on our evaluation of the
proposed provisions found in the
Standard Permit, in conjunction with
the underlying SIP-approved provisions
of the Texas Standard Permitting
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
Program found in Chapter 116,
Subchapter F, we propose to find that
the Oil and Gas Standard Permit meets
the requirements that are applicable to
Minor NSR.
B. EPA’s Evaluation of Public
Availability of Information
Requirements for Minor NSR
Federal requirements for public notice
of Minor NSR programs are found at 40
CFR 51.160 and 51.161. The procedures
for a Minor NSR program in 40 CFR
51.160 require an opportunity for public
comment on information submitted by
the permit applicant and on the
permitting authority’s analysis of the
application, submitted materials and
proposed approval or disapproval of the
permit application. EPA further
explains at 40 CFR 51.161(b) that
opportunity for public comment is, at a
minimum, the availability for public
inspection in at least one location in the
area affected of the information
submitted by the owner/operator and of
the permitting authority’s analysis of the
effect on air quality; a 30-day period for
submittal of public comment; and a
notice by prominent advertisement in
the area affected of the location where
the public can see the submitted
materials and analysis. The SIP
submittals being evaluated as part of
this rulemaking are for a Standard
Permit; therefore, the provisions from
the Oil and Gas Standard Permit are
evaluated against the federal
requirements regarding public notice in
conjunction with the existing SIPapproved provisions of the Standard
Permits Program found in 30 TAC
Chapter 116, Subchapter F—Standard
Permits that provides the basic
requirements that a facility must meet to
qualify for a Standard Permit, including
public participation requirements. See
30 TAC 116.603.
Based on our evaluation, we propose
to find that the SIP’s general provisions
for all Standard Permits found at 30
TAC 116.603 apply to the Oil and Gas
Standard Permit. These general
provisions were found to meet EPA’s
requirements for public participation for
minor NSR permits and in some cases
are more stringent. (73 FR 53716,
September 17, 2008). As required by 30
TAC 116.603, a Standard Permit must
comply with the following public notice
requirements:
• Notice of a proposed Standard
Permit is required to be published in the
Texas Register, the commission’s
publicly accessible electronic media,
and in a daily or weekly newspaper of
general circulation in the area affected
by the activity that is subject to the
proposed permit. If the proposed
E:\FR\FM\24DEP1.SGM
24DEP1
sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules
standard permit will have statewide
applicability, notice will be published
in the daily newspaper of largest general
circulation within each of the following
metropolitan areas: Austin, Dallas, and
Houston and any other regional
newspapers designated by the executive
director on a case-by-case basis.
Additionally, the commission will
publish notice in the Texas Register and
issue a press release;
• The notice must provide for a
public comment period on the proposed
Standard Permit of at least 30 days;
• A public meeting is required to be
held to provide an additional
opportunity for public comment;
• Written responses must be prepared
to all public comments received from
the public related to the issuance of a
Standard Permit, which will be made
available to the public;
• Notice of the final action on the
proposed Standard Permit is required to
be published in the Texas Register,
including the text of the response to
comments; and
• Copies of the final issued Standard
Permit along with the response to public
comments received on the draft permit
are required to be made available at the
TCEQ Austin office and appropriate
TCEQ regional offices.
Subsequent amendments or revocation
of an issued Standard Permit must also
meet the public notice procedures
contained in Section 603, as required by
30 TAC 116.605.
Based on our evaluation of the
proposed provisions found in the Oil &
Gas Standard Permit, as well as the
underlying SIP-approved provisions of
the Texas Standard Permitting Program
found in Chapter 116, Subchapter F, we
propose to find that the Oil and Gas
Standard Permit meets the federal
public notice requirements that are
applicable to Minor NSR for those
emission sources that are specifically
covered by the Standard Permit
provisions. In addition, Texas has
provided documentation within their
SIP revision submittals to document
that the SIP-approved public notice
process was followed consistent with
the 30 TAC 116.603 requirements when
the Oil and Gas Standard Permit was
initially issued and subsequently
amended. The SIP submittals are
available in the docket accompanying
this rulemaking.
C. EPA’s Evaluation of the Oil and Gas
Standard Permit With Respect to
Attainment, Reasonable Further
Progress, and Other Applicable
Requirements of the Act
Under Section 110(l), the regulations
submitted as SIP revisions establishing
VerDate Mar<15>2010
16:33 Dec 23, 2013
Jkt 232001
the Oil and Gas Standard Permit must
meet the procedural requirements of
Section 110(l) by demonstrating that the
State followed all necessary procedural
requirements such as providing
reasonable notice and public hearing of
the SIP revision. Additionally, the SIP
revision must demonstrate that the
adopted rules will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress, or any other applicable
requirement of the CAA. We propose to
find that the TCEQ satisfied all
procedural requirements pursuant to
Section 110(l) as detailed in our
accompanying TSD.
A Minor NSR program is a
requirement of the CAA and EPA’s
regulations at 40 CFR 51.160–51.164. As
discussed in this proposed action and in
the accompanying TSD, EPA proposes
that the Oil and Gas Standard Permit as
submitted on September 20, 1995, and
revised through SIP submittals dated
April 19, 1996; July 22, 1998; and
September 11, 2000, satisfies the
minimum requirements for a Minor NSR
program, including adequate provisions
for legal enforceability and public
participation to ensure protection of the
control strategy and any applicable
NAAQS. The Oil and Gas Standard
Permit also contains sufficient
safeguards to prevent circumvention of
Major NSR permitting requirements.
Therefore, we propose that the Oil and
Gas Standard Permit is protective of the
NAAQS and applicable control strategy
requirements and satisfies the
requirements of 110(l) of the Act.
D. Summary of EPA’s Evaluation of the
Oil and Gas Standard Permit
For the reasons presented above, EPA
proposes to find that the Oil and Gas
Standard Permit, as submitted on
September 20, 1995, and revisions
submitted on April 19, 1996; July 22,
1998; and September 11, 2000, is
limited to Minor NSR. EPA proposes to
find that the program satisfies the
federal requirements for Minor NSR and
contains sufficient enforceable
safeguards to ensure that the NAAQS
and applicable control strategies are
protected.
E. Summary of EPA’s Evaluation of the
Revisions to the Standard Permit
Applicability Provisions
On February 1, 2006, and March 11,
2011, the State of Texas submitted
revisions to the Standard Permit SIP
rules, which made non-substantive
changes to the applicability provisions
in 30 TAC 116.610(a) and (b). The
revisions include changes such as
defining acronyms, changing
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
77627
capitalization, rephrasing, and updating
and deleting cross-references as
appropriate due to revisions to other
sections. EPA proposes to approve the
revisions to 30 TAC 116.610(a) and (b)
because these changes are ministerial
and non-substantive in nature.
IV. Proposed Action
We are proposing to approve the
submittals for a Minor NSR Oil and Gas
Standard Permit submitted September
20, 1995; April 19, 1996; July 22, 1998;
and September 11, 2000. We also are
proposing to approve the submittals for
the Standard Permit SIP rules making
non-substantive changes to the Standard
Permit applicability provisions in 30
TAC 116.610(a) and (b) as submitted
February 1, 2006, and resubmitted
March 11, 2011. EPA is proposing this
action in accordance with section 110 of
the Act.
After review and consideration of
public comments, we will take final
action on the SIP revisions that are
identified herein.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Clean Air 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 CAA. Accordingly,
this notice 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);
E:\FR\FM\24DEP1.SGM
24DEP1
77628
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules
• 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Hydrocarbons, Intergovernmental
relations, Lead, Nitrogen oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 16, 2013.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2013–30729 Filed 12–23–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
sroberts on DSK5SPTVN1PROD with PROPOSALS
[EPA–R01–OAR–2012–0661; A–1–FRL–
9904–44–Region–1]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Manchester and Nashua
Carbon Monoxide Limited Maintenance
Plans
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
SUMMARY:
VerDate Mar<15>2010
16:33 Dec 23, 2013
Jkt 232001
revision submitted by the State of New
Hampshire. This SIP revision
establishes carbon monoxide (CO)
limited maintenance plans for the City
of Manchester, New Hampshire and the
City of Nashua, New Hampshire. As part
of its limited maintenance plan, New
Hampshire will continue year-round CO
monitoring at the Londonderry Moose
Hill station in Londonderry, New
Hampshire with triggers to reestablish
CO monitoring sites in Manchester and
Nashua if elevated CO levels are
recorded in Londonderry. Future carbon
monoxide transportation conformity
evaluations for Manchester and Nashua
would for the length of their limited
maintenance plans be considered to
satisfy the regional emissions analysis
and ‘‘budget test’’ requirements. This
action is being taken under the Clean
Air Act.
DATES: Written comments must be
received on or before January 23, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2012–0661 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2012–0661,’’
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109–
3912.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office,
Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office
Square—Suite 100, (mail code OEP05–
2), Boston, MA 02109–3912. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal
holidays.
Instructions: Direct your comments to
Docket ID Number EPA–R01–OAR–
2012–0661. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means 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
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 and with any
disk or CD–ROM you submit. 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, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at Office of Ecosystem
Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, Boston,
MA. EPA requests that if at all possible,
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
In addition, copies of the state
submittal are also available for public
inspection during normal business
hours, by appointment at the State Air
Agency; Air Resources Division,
Department of Environmental Services,
6 Hazen Drive, P.O. Box 95, Concord,
NH 03302–0095.
FOR FURTHER INFORMATION CONTACT:
Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
E:\FR\FM\24DEP1.SGM
24DEP1
]]>Agencies
[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Proposed Rules]
[Pages 77621-77628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30729]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0528; FRL--9904-67--Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to the New Source Review (NSR) State Implementation Plan
(SIP); Standard Permit for Oil and Gas Facilities and Standard Permit
Applicability
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 77622]]
SUMMARY: EPA is proposing to approve revisions to the Texas New Source
Review (NSR) State Implementation Plan (SIP) submitted by the Texas
Commission on Environmental Quality (TCEQ) on September 20, 1995; April
19, 1996; July 22, 1998; and September 11, 2000. These revisions to the
Texas SIP establish the Standard Permit for Installation and/or
Modification of Oil and Gas Facilities. EPA also proposes to approve
non-substantive revisions to the Texas Standard Permit SIP rules
relating to applicability, submitted on February 1, 2006, and March 11,
2011. EPA proposes to find that these revisions to the Texas SIP comply
with the Federal Clean Air Act (the Act or CAA) and EPA regulations and
are consistent with EPA policies. EPA is proposing these actions under
section 110 of the Act.
DATES: Comments must be received on or before January 23, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2011-0528, by one of the following methods:
www.regulations.gov. Follow the on-line instructions for
submitted comments.
Email: Ms. Adina Wiley at wiley.adina@epa.gov.
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-
2011-0528. 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.
The State submittal related to this SIP revision, and which is part
of the EPA docket, is also available for public inspection at the State
Air Agency listed below during official business hours by appointment:
The State submittals, which are part of the EPA docket, are also
available for public inspection at the State Air Agency during official
business hours by appointment: Texas Commission on Environmental
Quality, Office of Air Quality, 12124 Park 35 Circle, Austin, Texas
78753.
FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, Air Permits Section,
telephone (214) 665-2115; fax (214) 665-6762; email
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the following terms have the meanings
described below:
``we,'' ``us,'' and ``our'' refer to EPA.
``Act'' and ``CAA'' means Clean Air Act.
``40 CFR'' means Title 40 of the Code of Federal
Regulations--Protection of the Environment.
``SIP'' means State Implementation Plan as established
under section 110 of the Act.
``NSR'' means new source review, a phrase intended to
encompass the statutory and regulatory programs that regulate the
construction and modification of stationary sources as provided under
CAA section 110(a)(2)(C), CAA Title I, parts C and D, and 40 CFR 51.160
through 51.166.
``Minor NSR'' means NSR established under section 110 of
the Act and 40 CFR 51.160.
``NNSR'' means nonattainment NSR established under Title
I, section 110 and part D of the Act and 40 CFR 51.165.
``PSD'' means prevention of significant deterioration of
air quality established under Title I, section 110 and part C of the
Act and 40 CFR 51.166.
``Major NSR'' means any new or modified source that is
subject to NNSR and/or PSD.
``TSD'' means the Technical Support Document for this
action.
``NAAQS'' means national ambient air quality standards
promulgated under section 109 of that Act and 40 CFR part 50.
``TCEQ'' means ``Texas Commission on Environmental
Quality.''
Table of Contents
I. What action is EPA proposing?
II. What has the State submitted?
III. EPA's Evaluation
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. What action is EPA proposing?
EPA is proposing to approve four submittals from the State of Texas
as revisions to the Texas New Source Review (NSR) State Implementation
Plan (SIP) that incorporate the Standard Permit for Installation and/or
Modification of Oil and Gas Facilities (hereafter referred to as the
``Oil and Gas Standard Permit''). Texas initially submitted the
Standard Permit provisions on September 20, 1995, and submitted
subsequent revisions to those provisions on April 19, 1996; July 22,
1998; and September 11; 2000. We also are proposing to approve
submittals from the State of Texas as a revision to the NSR SIP that
contain non-substantive changes to the applicability provisions of the
Standard Permits SIP permitting program. Texas submitted revisions to
the Standard Permit applicability provisions on February 1, 2006 and
resubmitted them on March 11, 2011.
We have evaluated the SIP submissions for whether they meet the Act
and 40 CFR part 51, and are consistent with EPA's interpretation of the
relevant provisions. Based upon our evaluation, EPA has concluded that
the SIP revision submittals for the Oil and Gas Standard Permit and the
non-substantive revisions to the Standard Permit applicability
provisions meet the applicable requirements of the Act and 40 CFR part
51. Therefore, EPA is proposing to approve the provisions of
[[Page 77623]]
the submittals relating to the Oil and Gas Standard Permit SIP
revisions and to the Standard Permit applicability provisions. EPA is
proposing this action under section 110 of the Clean Air Act (CAA).
II. What has the State submitted?
A. Submittals Relating to the Oil and Gas Standard Permit
The TCEQ has developed and submitted the Oil and Gas Standard
Permit as a revision to the Texas Minor NSR permit program. The
Standard Permit was initially developed by TCEQ in 1995, and TCEQ has
adopted subsequent amendments and submitted these as revisions to the
Texas SIP since that time. As discussed in Section I of this
rulemaking, EPA is proposing approval of the Oil and Gas Standard
Permit--from the date of the initial submittal, dated September 20,
1995, through the September 11, 2000 SIP revision. This Section
contains a brief summary of each of the SIP revisions pertaining to the
Oil and Gas Standard Permit that is subject to our proposed approval.
i. September 20, 1995 SIP Submittal
On July 26, 1995, the Texas Natural Resources Conservation
Commission (TNRCC) \1\ adopted revisions to the state regulations to
establish the Oil and Gas Standard Permit. The Standard Permit was
adopted at Title 30 of the Texas Administrative Code (30 TAC) Chapter
116.617(3). Note that the September 20, 1995 SIP submittal contained
additional, severable, revisions to 30 TAC Chapter 116, which are not
addressed as part of this rulemaking.
---------------------------------------------------------------------------
\1\ TNRCC is the predecessor agency of the TCEQ.
---------------------------------------------------------------------------
ii. April 19, 1996 SIP Submittal
On March 27, 1996, the TNRCC adopted amendments to the state
regulations to delete 30 TAC 116.617(3)--Installation and/or
Modification of Oil and Gas Facilities and move the Standard Permit to
30 TAC 116.620. The Standard Permit previously contained in 30 TAC
116.617(3) was moved and renumbered to conform these sections to Texas
Register style conventions and to allow ease in revising the section in
the future. Note that the April 19, 1996 SIP submittal contained
additional, severable, revisions to 30 TAC Chapter 116, which are not
addressed as part of this rulemaking.
iii. July 22, 1998 SIP Submittal
On June 17, 1998, the TNRCC adopted amendments to the state
regulations that included amendments to 30 TAC 116.620. These revisions
added a requirement that sources subject to National Emission Standards
for Hazardous Air Pollutants (NESHAPs) show compliance with Maximum
Achievable Control Technology (MACT) standards, and also made non-
substantive changes. Note that the July 22, 1998 SIP submittal
contained additional, severable, revisions to 30 TAC Chapter 116, which
are not addressed as part of this rulemaking.
iv. September 11, 2000 SIP Submittal
On August 9, 2000, the TNRCC adopted amendments to the state
regulations that included amendments to 30 TAC 116.620. These revisions
made non-substantive changes. Note that the September 11, 2000 SIP
submittal contained additional, severable, revisions to 30 TAC Chapters
101 and 116, which are not addressed as part of this rulemaking.
B. Relating to Standard Permit Applicability Provisions
i. February 1, 2006 SIP Submittal
On January 11, 2006, the TCEQ adopted revisions to the Standard
Permit SIP rules, which made non-substantive changes to the
applicability provisions in 30 TAC 116.610(a) and (b). Note that the
February 1, 2006 SIP submittal contained additional, severable,
revisions to 30 TAC Chapter 116, which are not addressed as part of
this rulemaking.
ii. March 11, 2011 SIP Submittal
On March 11, 2011, the same changes that were submitted on February
1, 2006, to 30 TAC 116.610(a) and (b) were resubmitted. Note that the
March 11, 2011 SIP submittal contained additional, severable, revisions
to 30 TAC Chapter 116, which are not addressed as part of this
rulemaking.
Table 1--Summary of Pending SIP Submittals Addressed in This Action
----------------------------------------------------------------------------------------------------------------
Sections related to standard permit
Date submitted to EPA Date adopted by Date effective for installation and/or modification
State as State rule of oil and gas facilities
----------------------------------------------------------------------------------------------------------------
9/20/1995........................... 7/26/1995 9/1/1995 Submittal of new Section 116.617(3).
4/19/1996........................... 3/27/1996 4/19/1996 Deletion of Section 116.617(3);
Standard Permit moved and renumbered
to new Section 116.620 to conform to
Texas Register style conventions.
7/22/1998........................... 6/17/1998 7/8/1998 Revisions to Section 116.620.
9/11/2000........................... 8/9/2000 9/4/2000 Revisions to Section 116.620.
02/01/2006.......................... 01/11/2006 02/01/2006 Revisions to Section 116.610.
03/11/2011.......................... 01/11/2006 02/01/2006 Revisions to Section 116.610.
----------------------------------------------------------------------------------------------------------------
Table 2--Summary of the Individual Revisions to Each Section Evaluated
----------------------------------------------------------------------------------------------------------------
Date
Section--title submitted to Date adopted Date effective Comments
EPA by State as State rule
----------------------------------------------------------------------------------------------------------------
30 TAC Chapter 116--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
Subchapter F--Standard Permits
----------------------------------------------------------------------------------------------------------------
Section 116.610--Standard Permit 02/01/06 01/11/06 02/01/06 Non-substantive
Applicability. changes to 116.610(a).
Non-substantive
changes to 116.610(b).
03/11/11 01/11/06 02/01/06 Resubmittal of the
January 11, 2006
adopted changes to
116.610(a) and (b).
Section 116.617--Standard Permit List. 9/20/1995 7/26/1995 9/1/1995 Initial adoption of
Standard Permit at
116.617(3).
[[Page 77624]]
4/19/1996 3/27/1996 4/19/1996 Deletion of 116.617(3).
Section 116.620--Installation and/or 4/19/1996 3/27/1996 4/19/1996 Initial adoption of this
Modification of Oil and Gas section; Standard
Facilities. Permit moved from
116.617(3).
7/22/1998 6/17/1998 7/8/1998 116.620(a)(4)
removed reference to
standard exemption (SE)
6 and replaced with
reference to PBR
106.512.
116.620(a)(13)
was updated to include
reference to case-by-
case MACT review under
Subchapter C.
116.620(a)(14)
was subdivided into
sections 116.620(a)(14)-
(15).
116.620(a)(16)
was added to require
sources subject to
NESHAPs to show
compliance with MACT
standards.
116.620(a)(15)-
(16) were renumbered to
(17) and (18).
116.620(b)(1)
removed reference to SE
83 and replaced with
reference to PBR
106.476.
116.620(c)(1)(A) uses
EPA acronym in place of
formal name.
116.620(c)(1)(J) adds
``Permits'' to division
name.
116.620(c)(2)(J) adds
``Permits'' to division
name.
116.620(d)(3)
changes office name.
116.620(e)(1)
changes office name and
removes ``his or her
designated
representative''.
9/11/2000 8/9/2000 9/4/2000 116.620(a)(4)
eliminated the
parenthetical reference
to the former standard
exemption 6.
116.620(a)(11)
eliminated parentheses
around H2S.
116.620(b)(1)
eliminated the
parenthetical reference
to previous SE 83.
116.620(b)(E)
eliminated reference to
``exemptions'' and now
refers to ``permits by
rule'' consistent with
the other rule language
updates.
116.620(c)(1)(J)
changes office name.
----------------------------------------------------------------------------------------------------------------
C. Overview of the Oil and Gas Standard Permit
EPA approved Texas' general regulations for Standard Permits in 30
TAC Subchapter F of 30 TAC Chapter 116 on November 14, 2003 (68 FR
64543) as meeting the federal requirements for Minor NSR.\2\ The
November 14, 2003, action describes how those rules meet EPA's
requirements for new minor sources and minor modifications. A Standard
Permit is a minor NSR permit that is adopted under Chapter 116,
Subchapter F. Subchapter F provides an alternative process for
approving the construction of certain categories of new and modified
sources for which TCEQ has adopted a Standard Permit. These provisions
provide for a streamlined minor NSR mechanism for authorizing the
construction of certain sources within source categories for which TCEQ
has adopted a Standard Permit. A Standard Permit is not available to a
facility or group of facilities that undergo a change that constitutes
a new major source or major modification under Title I of the Act, part
C (Prevention of Significant Deterioration of Air Quality) or part D
(Nonattainment Review). Such major source or major modification must
comply with the applicable permitting requirements under Chapter 116,
Subchapter B, which meet the new source review requirements in Title I,
part C or part D of the Act. A facility that qualifies for a minor NSR
Standard Permit must also comply with all applicable provisions of
section 111 of the Act (NSPS) and section 112 of the Act (NESHAP).
Furthermore, a facility that qualifies for a minor NSR Standard Permit
must comply with all rules and regulations of TCEQ.
---------------------------------------------------------------------------
\2\ EPA did not approve the Standard Permit for Installation
and/or Modification of Oil and Gas Facilities in the November 14,
2003, action as part of the Texas SIP (68 FR 64543, at 64547).
---------------------------------------------------------------------------
A Standard Permit is not a case-by-case Minor NSR SIP permit, but
rather it is a streamlined mechanism with all permitting requirements
for construction and operation of a certain source category. Therefore,
each Standard Permit approved in a SIP should contain all terms and
conditions on the face of it (combined with the SIP general
requirements), and it should not be used to address site-specific
determinations.
The Oil and Gas Standard Permit was developed to provide a
streamlined permitting process for oil and gas facilities. The Standard
Permit contained in 30 TAC 116.620 simplifies the permit review process
for these facilities by establishing standardized
[[Page 77625]]
conditions applicable to the oil and gas industry, which help to
streamline the agency review process and allow more rapid approval than
would be possible under case-by-case minor NSR review permitting.
The standardized conditions contained in the Oil and Gas Standard
Permit include emission specifications, control requirements,
inspection requirements, approved test methods provisions, and
monitoring and recordkeeping requirements. In addition, a source
applying for authorization under 30 TAC 116.620 must also meet the
applicable requirements contained in the other Sections under 30 TAC
Chapter 116, Subchapter F--Standard Permits, which include registration
and fee requirements and general permit conditions for Standard
Permits. In accordance with 30 TAC 116.610(b), the Oil and Gas Standard
Permit is limited to Minor NSR and cannot be used to authorize a
project that constitutes a new major stationary source or major
modification. Therefore, as discussed in the following section, the Oil
and Gas Standard Permit provisions are evaluated with respect to the
applicable Minor NSR requirements.
As previously mentioned, the Oil and Gas Standard Permit includes
standardized conditions for the emission units located at oil and gas
facilities that may be authorized by the Standard Permit. The types of
emission units that may be authorized by the Standard Permit are the
following:
Internal combustion engines (ICEs),
Natural gas turbines (NG turbines),
Flares,
Other combustion units (design heat input > 40 million Btu
per hour),
Natural gas glycol dehydration units,
Storage tanks,
Separators,
Condensers,
Vapor recovery units,
Process vents, and
Process fugitives.
In order for one of the previously-listed emission units to be
authorized by the Standard Permit, that unit must meet the applicable
unit-specific standardized conditions, and, the oil and gas facility as
a whole must meet any applicable site-wide standardized conditions
contained in the Standard Permit. If a proposed project at an oil and
gas facility includes any emission units that are not explicitly
covered by the Oil and Gas Standard Permit, the permit applicant would
turn to another type of Standard Permit authorization or a permit-by-
rule (PBR) or, if necessary, case-by-case NSR permitting for
authorization. For example, the Oil and Gas Standard Permit does not
provide authorization for cooling towers. Therefore, an oil and gas
facility with a cooling tower on-site would not be able to use the Oil
and Gas Standard Permit to authorize the emissions from that emission
unit, but could rely upon the separate cooling tower SP or PBR.\3\ Any
other emission units not specifically authorized under the Oil and Gas
Standard Permit also could obtain authorization through either a SP or
PBR that explicitly addresses it or obtain a case-by-case minor NSR
permit. In addition to cooling towers, other examples of emission units
that may be found at oil and gas facilities that are not covered by the
Oil & Gas Standard Permit include, but are not limited to, truck
loading emissions, heat exchangers, amine sweetening units, and sulfur
recovery units. If EPA discovers evidence to support the determination
that the TCEQ were found to be misapplying the Oil and Gas Standard
Permit or a permittee obtained authorization under this Standard Permit
for emission units that are outside the scope of 116.620, then EPA or
the public could address this implementation failure on a permit
specific basis or other CAA remedy mechanism, such as a finding of
failure to implement.
---------------------------------------------------------------------------
\3\ For example, cooling towers, including those located at oil
and gas facilities, that meet all of the applicable PBR requirements
may be authorized under the SIP-approved Cooling-Water Unit PBR
found at 30 TAC 116.371.
---------------------------------------------------------------------------
III. EPA's Evaluation
The Act at Section 110(a)(2)(C) requires states to develop and
submit to EPA for approval into the state SIP, preconstruction review
and permitting programs applicable to certain new and modified
stationary sources of air pollutants for attainment and nonattainment
areas that cover both major and minor new sources and modifications,
collectively referred to as the NSR SIP. The CAA NSR SIP program is
composed of three separate programs: Prevention of Significant
Deterioration (PSD), Nonattainment New Source Review (NNSR), and Minor
NSR. PSD is established in part C of title I of the CAA and applies in
areas that meet the NAAQS--``attainment areas''--as well as areas where
there is insufficient information to determine if the area meets the
NAAQS--``unclassifiable areas.'' The NNSR SIP program is established in
part D of title I of the CAA and applies in areas that are not in
attainment of the NAAQS--``nonattainment areas.'' The Minor NSR SIP
program addresses construction or modification activities that do not
emit, or have the potential to emit, beyond certain major source/major
modification thresholds and thus do not qualify as ``major'' and
applies regardless of the designation of the area in which a source is
located. Any submitted SIP revision, including revisions to a Minor NSR
program, must meet the applicable requirements for SIP elements in
section 110 of the Act, and be consistent with all applicable statutory
and regulatory requirements.
EPA regulations governing the criteria that states must satisfy for
EPA approval of the NSR programs as part of the SIP are contained in 40
CFR Sections 51.160-51.166. Regulations specific to Minor NSR programs
are contained in 40 CFR Section 51.160-51.164. The TCEQ has developed
the Oil and Gas Standard Permit as a component of the Texas Minor NSR
program; therefore we will evaluate the Standard Permit as submitted on
September 20, 1995; April 19, 1996; July 22, 1998; and September 11,
2000, against the federal requirements for Minor NSR programs.
40 CFR Section 51.160 establishes the requirements that all Minor
NSR programs must meet. We will address these specific requirements in
Section III.A. 40 CFR Section 51.161 establishes the public notice
requirements for Minor NSR programs. We will address the public notice
requirements more fully in Section III.B. Section 51.160-51.164
requires that a SIP revision demonstrate that the adopted rules will
not interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
CAA. We will address the specific requirements for permitting
activities that ensure attainment more fully in Section III.C.
A. EPA's Evaluation of Requirements for Minor NSR
EPA's regulations addressing a Minor NSR program as part of a
state's SIP are included at 40 CFR 51.160, which applies to all
programs under Title I of the CAA. These provisions of a Minor NSR
program must provide that the permitting authority will not permit the
construction of a facility or modification that will cause a violation
of applicable portions of the control strategy or interfere with
attainment or maintenance of a NAAQS. To accomplish this goal, the
state's Minor NSR program must include the means by which the state
agency will review and take final action on proposed new construction
or modification to be protective of the control strategy and NAAQS. As
stated in 40 CFR 51.160, all NSR programs, including the Minor
[[Page 77626]]
NSR program, must include legally enforceable \4\ procedures that meet
the following requirements:
---------------------------------------------------------------------------
\4\ A requirement is ``legally enforceable'' if some authority
has the right to enforce the restriction. 67 FR 80186, at 80190.
---------------------------------------------------------------------------
Provide for the submission, by the owner or operator of
the building, facility, structure or installation to be constructed or
modified of such information on the nature and amounts of emissions to
be emitted by it or emitted by associated mobile sources; and the
design, construction and operation of such facility, building,
structure, or installation as may be necessary to allow the permitting
authority to make a determination on approvability. 40 CFR 51.160(c).
The Minor NSR program must provide that approval of any
construction or modification must not affect the responsibility of the
owner or operator to comply with applicable portions of the control
strategy. 40 CFR 51.160(d).
The Minor NSR program must include procedures to identify
the types and sizes of facilities, buildings, structures, or
installations which will be subject to review. The Minor NSR program
must also discuss the basis for determining which facilities will be
subject to review. 40 CFR 51.160(e).
The Minor NSR program must also discuss the air quality
data and the dispersion or other air quality modeling used to meet the
NSR requirements. 40 CFR 51.160(f).
The SIP submittals being evaluated as part of this rulemaking are
for a Standard Permit that is submitted as part of Texas's Minor NSR
program; therefore, the provisions from the Oil and Gas Standard Permit
are evaluated against the federal requirements for Minor NSR and in
conjunction with the existing SIP-approved provisions of the Standard
Permitting Program found in 30 TAC Chapter 116, Subchapter F--Standard
Permits that provides the basic requirements that a facility must meet
to qualify for a Standard Permit.
Based on our evaluation, we propose to find that the Oil and Gas
Standard Permit provisions found in 30 TAC 116.620 provide for the
necessary procedures and applicable requirements that are required for
Minor NSR programs. Our evaluation is summarized below with additional
details regarding our evaluation available in the TSD accompanying this
rulemaking.
In accordance with 30 TAC 116.611, sources seeking authorization
via the Oil and Gas Standard Permit are required to submit a Standard
Permit registration to TCEQ, which is to include information regarding
the proposed project to be authorized (e.g., emission estimates,
description of project and related process, description of equipment
being installed). 30 TAC 116.615 includes general conditions that must
be met by sources authorized via a Standard Permit, including the Oil
and Gas Standard Permit. These general conditions specifically require
that sources authorized under a Standard Permit comply with all
``rules, regulations, and orders of the commission issued in conformity
with the [Texas Clean Air Act].'' See 30 TAC 116.615(10). In the case
where more than one state or federal rule of regulation or permit
condition are applicable, the source must comply with the most
stringent requirement or limit. See 30 TAC 116.615(10). Therefore, the
conditions of the Standard Permit in no way supersede or relax other
applicable state or federal requirements. In addition, the provisions
found in the Oil and Gas Standard Permit under 30 TAC 116.620 also
require that sources authorized under the Standard Permit submit
appropriate documentation to demonstrate compliance with state and
federal provisions, including PSD, NNSR, NSPS, and NESHAP. The Standard
Permit also requires that new or increased emissions authorized under
the permit shall not cause or contribute to a violation of any NAAQS
and references that engineering judgment and/or air dispersion modeling
may be used to demonstrate NAAQS compliance for the specific minor
construction project. See 30 TAC 116.620(a)(13)-(17). Regarding
testing, recordkeeping, reporting and monitoring provisions, the Oil
and Gas Standard Permit contains provisions that include these
requirements for the emission sources that can be authorized under the
Standard Permit. See 30 TAC 116.620(c)-(e). As discussed in Section I.E
of this rulemaking and the accompanying TSD, the Oil and Gas Standard
Permit may be used to authorize only those emission sources that are
specifically covered by the Standard Permit provisions. Therefore, the
Standard Permit contains testing, recordkeeping, reporting and
monitoring provisions for the covered emission sources as necessary to
ensure compliance with applicable requirements for those covered
sources.
Based on our evaluation of the proposed provisions found in the
Standard Permit, in conjunction with the underlying SIP-approved
provisions of the Texas Standard Permitting Program found in Chapter
116, Subchapter F, we propose to find that the Oil and Gas Standard
Permit meets the requirements that are applicable to Minor NSR.
B. EPA's Evaluation of Public Availability of Information Requirements
for Minor NSR
Federal requirements for public notice of Minor NSR programs are
found at 40 CFR 51.160 and 51.161. The procedures for a Minor NSR
program in 40 CFR 51.160 require an opportunity for public comment on
information submitted by the permit applicant and on the permitting
authority's analysis of the application, submitted materials and
proposed approval or disapproval of the permit application. EPA further
explains at 40 CFR 51.161(b) that opportunity for public comment is, at
a minimum, the availability for public inspection in at least one
location in the area affected of the information submitted by the
owner/operator and of the permitting authority's analysis of the effect
on air quality; a 30-day period for submittal of public comment; and a
notice by prominent advertisement in the area affected of the location
where the public can see the submitted materials and analysis. The SIP
submittals being evaluated as part of this rulemaking are for a
Standard Permit; therefore, the provisions from the Oil and Gas
Standard Permit are evaluated against the federal requirements
regarding public notice in conjunction with the existing SIP-approved
provisions of the Standard Permits Program found in 30 TAC Chapter 116,
Subchapter F--Standard Permits that provides the basic requirements
that a facility must meet to qualify for a Standard Permit, including
public participation requirements. See 30 TAC 116.603.
Based on our evaluation, we propose to find that the SIP's general
provisions for all Standard Permits found at 30 TAC 116.603 apply to
the Oil and Gas Standard Permit. These general provisions were found to
meet EPA's requirements for public participation for minor NSR permits
and in some cases are more stringent. (73 FR 53716, September 17,
2008). As required by 30 TAC 116.603, a Standard Permit must comply
with the following public notice requirements:
Notice of a proposed Standard Permit is required to be
published in the Texas Register, the commission's publicly accessible
electronic media, and in a daily or weekly newspaper of general
circulation in the area affected by the activity that is subject to the
proposed permit. If the proposed
[[Page 77627]]
standard permit will have statewide applicability, notice will be
published in the daily newspaper of largest general circulation within
each of the following metropolitan areas: Austin, Dallas, and Houston
and any other regional newspapers designated by the executive director
on a case-by-case basis. Additionally, the commission will publish
notice in the Texas Register and issue a press release;
The notice must provide for a public comment period on the
proposed Standard Permit of at least 30 days;
A public meeting is required to be held to provide an
additional opportunity for public comment;
Written responses must be prepared to all public comments
received from the public related to the issuance of a Standard Permit,
which will be made available to the public;
Notice of the final action on the proposed Standard Permit
is required to be published in the Texas Register, including the text
of the response to comments; and
Copies of the final issued Standard Permit along with the
response to public comments received on the draft permit are required
to be made available at the TCEQ Austin office and appropriate TCEQ
regional offices.
Subsequent amendments or revocation of an issued Standard Permit must
also meet the public notice procedures contained in Section 603, as
required by 30 TAC 116.605.
Based on our evaluation of the proposed provisions found in the Oil
& Gas Standard Permit, as well as the underlying SIP-approved
provisions of the Texas Standard Permitting Program found in Chapter
116, Subchapter F, we propose to find that the Oil and Gas Standard
Permit meets the federal public notice requirements that are applicable
to Minor NSR for those emission sources that are specifically covered
by the Standard Permit provisions. In addition, Texas has provided
documentation within their SIP revision submittals to document that the
SIP-approved public notice process was followed consistent with the 30
TAC 116.603 requirements when the Oil and Gas Standard Permit was
initially issued and subsequently amended. The SIP submittals are
available in the docket accompanying this rulemaking.
C. EPA's Evaluation of the Oil and Gas Standard Permit With Respect to
Attainment, Reasonable Further Progress, and Other Applicable
Requirements of the Act
Under Section 110(l), the regulations submitted as SIP revisions
establishing the Oil and Gas Standard Permit must meet the procedural
requirements of Section 110(l) by demonstrating that the State followed
all necessary procedural requirements such as providing reasonable
notice and public hearing of the SIP revision. Additionally, the SIP
revision must demonstrate that the adopted rules will not interfere
with any applicable requirement concerning attainment and reasonable
further progress, or any other applicable requirement of the CAA. We
propose to find that the TCEQ satisfied all procedural requirements
pursuant to Section 110(l) as detailed in our accompanying TSD.
A Minor NSR program is a requirement of the CAA and EPA's
regulations at 40 CFR 51.160-51.164. As discussed in this proposed
action and in the accompanying TSD, EPA proposes that the Oil and Gas
Standard Permit as submitted on September 20, 1995, and revised through
SIP submittals dated April 19, 1996; July 22, 1998; and September 11,
2000, satisfies the minimum requirements for a Minor NSR program,
including adequate provisions for legal enforceability and public
participation to ensure protection of the control strategy and any
applicable NAAQS. The Oil and Gas Standard Permit also contains
sufficient safeguards to prevent circumvention of Major NSR permitting
requirements. Therefore, we propose that the Oil and Gas Standard
Permit is protective of the NAAQS and applicable control strategy
requirements and satisfies the requirements of 110(l) of the Act.
D. Summary of EPA's Evaluation of the Oil and Gas Standard Permit
For the reasons presented above, EPA proposes to find that the Oil
and Gas Standard Permit, as submitted on September 20, 1995, and
revisions submitted on April 19, 1996; July 22, 1998; and September 11,
2000, is limited to Minor NSR. EPA proposes to find that the program
satisfies the federal requirements for Minor NSR and contains
sufficient enforceable safeguards to ensure that the NAAQS and
applicable control strategies are protected.
E. Summary of EPA's Evaluation of the Revisions to the Standard Permit
Applicability Provisions
On February 1, 2006, and March 11, 2011, the State of Texas
submitted revisions to the Standard Permit SIP rules, which made non-
substantive changes to the applicability provisions in 30 TAC
116.610(a) and (b). The revisions include changes such as defining
acronyms, changing capitalization, rephrasing, and updating and
deleting cross-references as appropriate due to revisions to other
sections. EPA proposes to approve the revisions to 30 TAC 116.610(a)
and (b) because these changes are ministerial and non-substantive in
nature.
IV. Proposed Action
We are proposing to approve the submittals for a Minor NSR Oil and
Gas Standard Permit submitted September 20, 1995; April 19, 1996; July
22, 1998; and September 11, 2000. We also are proposing to approve the
submittals for the Standard Permit SIP rules making non-substantive
changes to the Standard Permit applicability provisions in 30 TAC
116.610(a) and (b) as submitted February 1, 2006, and resubmitted March
11, 2011. EPA is proposing this action in accordance with section 110
of the Act.
After review and consideration of public comments, we will take
final action on the SIP revisions that are identified herein.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Clean Air 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 CAA. Accordingly,
this notice 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);
[[Page 77628]]
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Hydrocarbons, Intergovernmental relations,
Lead, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 16, 2013.
Ron Curry,
Regional Administrator, EPA Region 6.
[FR Doc. 2013-30729 Filed 12-23-13; 8:45 am]
BILLING CODE 6560-50-P
