Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to Rules and Regulations for Control of Air Pollution; Permitting of Grandfathered Facilities, 577-580 [2013-31560]

Download as PDF 577 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by Reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements and Volatile organic compounds. Dated: December 19, 2013. Beverly H. Banister, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. § 52.520 * Subpart K—Florida ■ a. Amend paragraph (c) by removing the heading and all entries for ‘‘Chapter 62–242 Motor Vehicle Emissions Standards and Test Procedures,’’; and ■ b. Amend paragraph (e) by adding a new entry for ‘‘RVP Update for Florida 1997 8-hour Ozone Maintenance Plans’’ at the end of the table. The addition reads as follows: ■ Identification of plan. * * (e) * * * * * 2. In § 52.520: EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS State effective date Provision * * RVP Update for Florida 1997 8-hour Ozone Maintenance Plans. EPA approval date * Federal Register notice * 8/15/13 1/6/14 * * [Insert citation of publication]. This final rule is effective on February 5, 2014. DATES: [FR Doc. 2013–31557 Filed 1–3–14; 8:45 am] BILLING CODE 6560–50–P EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2011–0202. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http:// www.regulations.gov or in hard copy at the Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below to make an appointment. ADDRESSES: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2011–0202; FRL–9905–05Region 6] Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to Rules and Regulations for Control of Air Pollution; Permitting of Grandfathered Facilities Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving revisions of the Texas State Implementation Plan (SIP) submitted by the State of Texas on July 31, 2002; September 4, 2002; and March 1, 2004. These revisions require that all grandfathered facilities obtain specific permits which include emission control methods to achieve mandated emission reductions, as required, or shutdown; and require that emissions from dockside vessels which result from operations at grandfathered land-based facilities be included in specific permits. The revisions also outline additional permitting procedures for certain grandfathered pipeline equipment located in an ozone nonattainment area. EPA is approving the revisions under the Clean Air Act (CAA or Act), and EPA’s regulations. sroberts on DSK5SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:04 Jan 03, 2014 Jkt 232001 FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6PD–R), Air Permits Section, telephone (214) 665–7227; email: barrett.richard@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘our,’’ and ‘‘us’’ refers to EPA. Table of Contents I. Background II. Response to Comments III. Final Action IV. Statutory and Executive Order Reviews PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 Explanation * I. Background The background for today’s action is discussed in detail in our October 25, 2013 proposal (78 FR 63929). In that notice, we proposed to approve revisions to the Texas SIP regarding 30 TAC Chapter 116, subchapter H: ‘‘Permits for Grandfathered Facilities’’ and Subchapter I: ‘‘Electric Generating Facility Permits’’. We received one comment on our proposal. The comment we received can be accessed from the www.regulations.gov Web site (Docket No. EPA–R06–OAR–2011–0202). The discussion below addresses the comment we received on our proposed action. II. Response to Comments Comment: We received a comment dated November 22, 2013, from the Texas Commission on Environmental Quality (TCEQ) stating that TCEQ does not support the proposed approval of 30 TAC 116.803. TCEQ noted that on September 24, 2013, it withdrew 30 TAC 116.793 through 116.807 from EPA consideration. TCEQ referenced a June 29, 2011 letter from EPA Region 6 to TCEQ. In that letter, EPA returned certain subsections of 30 TAC Chapter 116, subchapter H, specifically 30 TAC 116.779(a)(10), 116.786(c)(2)(B)(ii)(I), 116.794(11), 116.795(f), and 116.799(a). The returned subsections pertain to Texas’ implementation of the hazardous air pollution program under section 112(g) of the Clean Air Act, and are not required to be submitted as a revision to the Texas SIP. E:\FR\FM\06JAR1.SGM 06JAR1 578 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations Response: EPA agrees with TCEQ. EPA believes that these sections are no longer before EPA as part of Texas’ SIP submittal. EPA is taking no action on 30 TAC 116.779(a)(10), 116.786(c)(2)(B)(ii)(I), and 116.793 through 116.807. TCEQ’s comment and the documents referenced in the comment are included in the docket. sroberts on DSK5SPTVN1PROD with RULES III. Final Action We are approving revisions to the Texas SIP regarding 30 TAC Chapter 116, subchapter H: ‘‘Permits for Grandfathered Facilities’’ and Subchapter I: ‘‘Electric Generating Facility Permits’’. Specifically, we are approving the following revisions to the Texas SIP: • Addition of 30 TAC Chapter 116, subchapter H, sections 116.770–772, 116.774, 116.775, 116.777, 116.779–781 (except for 116.779(a)(10)), 116.783, 116.785–788 (except for 116.786(c)(2)(B)(ii)(I)), and 116.790, submitted on July 31, 2002. • Addition of 30 TAC Chapter 116, subchapter H, section 116.778 and Subchapter I, section 116.919, submitted on September 4, 2002. • Addition of the revisions to 30 TAC Chapter 116, subchapter H sections 116.770 and 116.772, submitted on March 1, 2004. The revisions require that all grandfathered facilities obtain specific permits which include emission control methods to achieve mandated emission reductions, as required, or shutdown; and require that emissions from dockside vessels which result from operations at grandfathered land-based facilities be included in specific permits. The revisions also outline additional permitting procedures for certain grandfathered pipeline equipment located in an ozone nonattainment area. We are approving the revisions under section 110, part C, and part D of the CAA, and EPA’s regulations. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those VerDate Mar<15>2010 16:04 Jan 03, 2014 Jkt 232001 imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. section 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 7, 2014. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Nonattainment, Ozone, Volatile organic compounds, Reporting and recordkeeping requirements. Dated: December 20, 2013. Samuel Coleman, Acting Regional Administrator, Region 6. 40 CFR Part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart SS—Texas 2. In § 52.2270, the table in paragraph (c) entitled ‘‘EPA Approved Regulations in the Texas SIP’’ is amended under Chapter 116—Control of Air Pollution by Permits for New Construction or Modification, as follows: ■ a. Immediately following the entry for § 116.615, by adding an entry for Subchapter H; and ■ b. Immediately following the entry for § 116.918, by adding an entry for § 116.919. The additions read as follows: ■ § 52.2270 Identification of plan. (c) * * * E:\FR\FM\06JAR1.SGM 06JAR1 579 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations EPA APPROVED REGULATIONS IN THE TEXAS SIP State citation State approval/ submittal date Title/subject * * * * EPA approval date * Explanation * * Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification * * * * * * * Subchapter H—Permits for Grandfathered Facilities Division 1—General Applicability Section 116.770 ............ Requirement to Apply ........................................ 1/28/04 Section 116.771 ............ Implementation Schedule for Additional Controls. 5/22/02 Section 116.772 ............ Notice of Shutdown ........................................... 1/28/04 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. Division 2—Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits Section 116.774 ............ Eligibility for Small Business Stationary Source Permits. 5/22/02 Section 116.775 ............ Eligibility for Pipeline Facilities Permits ............. 5/22/02 Section 116.777 ............ Eligibility for Existing Facility Permits ................ 5/22/02 Section 116.778 ............ Additional Requirements for Applications for Small Business Stationary Source Permits, Pipeline Facilities Permits, or Existing Facility Permits. Applications for Small Business Stationary Source Permits, Pipeline Facilities Permits, or Existing Facility Permits. 8/21/02 Section 116.780 ............ Public Participation for Initial Issuance of Pipeline Facilities Permits and Existing Facility Permits. 5/22/02 Section 116.781 ............ Notice and Comment Hearings for Initial Issuance of Pipeline Facilities Permits and Existing Facility Permits. 5/22/02 Section 116.783 ............ Notice of Final Action on Pipeline Facilities Permit Applications and Existing Facility Permit Applications. 5/22/02 Section 116.785 ............ Permit Fee ......................................................... 5/22/02 Section 116.786 ............ General and Special Conditions ........................ 5/22/02 sroberts on DSK5SPTVN1PROD with RULES Section 116.779 ............ VerDate Mar<15>2010 16:04 Jan 03, 2014 Jkt 232001 PO 00000 Frm 00051 Fmt 4700 5/22/02 Sfmt 4700 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. E:\FR\FM\06JAR1.SGM 06JAR1 116.779(a)(10) is not in the SIP. 116.786(c)(2)(B)(ii)(I) is not in the SIP. 580 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued State approval/ submittal date State citation Title/subject Section 116.787 ............ Amendments and Alterations of Permits Issued Under this Division. 5/22/02 Section 116.788 ............ Renewal of Permits Issued Under this Division 5/22/02 Section 116.790 ............ Delegation .......................................................... 5/22/02 * * * * EPA approval date Explanation 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. 1/6/14 ........................... [Insert FR page number where document begins]. * * * * * 1/6/14 ........................... [Insert FR page number where document begins]. * Subchapter I—Electric Generating Facility Permits * Section 116.919 ............ * * * Additional Requirements for Grandfathered Electric Generating Facility Permit Applications. * * * * * * * * [FR Doc. 2013–31560 Filed 1–3–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2012–0767; FRL–9905–03– Region 7] Approval and Promulgation of Air Quality Implementation Plans; Missouri; Reasonably Available Control Technology (RACT) for the 8Hour Ozone National Ambient Air Quality Standard (NAAQS) Environmental Protection Agency (EPA). ACTION: Final rule. sroberts on DSK5SPTVN1PROD with RULES AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Missouri to EPA in a letter dated May 4, 2012. The purpose of the SIP revision is to amend Missouri’s regulation for the control of Volatile Organic Compounds (VOC) and meet the requirement to adopt reasonably available control technology (RACT) for sources covered by EPA’s Control Technique Guidelines (CTG) for Industrial Cleaning Solvents. We are taking final action to approve this revision because it satisfies the VerDate Mar<15>2010 16:04 Jan 03, 2014 Jkt 232001 8/21/02 * * applicable requirements of the Clean Air Act (CAA) with respect to RACT for the Missouri portion of the St. Louis Metropolitan 1997 8-hour ozone nonattainment area. DATES: This final rule is effective February 5, 2014. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R07–OAR– 2012–0767. All documents in the docket are listed on the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at the Air Planning and Development Branch, Air and Waste Management Division, U.S. Environmental Protection Agency Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. EPA requests that if at all possible, you contact the person 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 a.m. to 4:30 p.m., excluding Federal holidays. PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 * * The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Ms. Lachala Kemp, Air Planning and Development Branch, U.S. Environmental Protection Agency Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551–7214; email address: kemp.lachala@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This section provides additional information by addressing the following: I. What action is EPA taking in this final rule? II. What is the background for the approvals by EPA in this final rule? III. EPA’s Final Action I. What action is EPA taking in this final rule? EPA is taking final action to approve a SIP revision submitted by the State of Missouri to EPA on May 4, 2012. The purpose of this revision is to control the emissions of VOCs, consistent with Control Techniques Guidelines (CTGs) issued by EPA, and to satisfy the RACT requirements of the CAA for the Missouri portion of the St. Louis metropolitan 1997 8-hour ozone nonattainment area. Specifically, the revision incorporates an amendment to E:\FR\FM\06JAR1.SGM 06JAR1

Agencies

[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Rules and Regulations]
[Pages 577-580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31560]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0202; FRL-9905-05-Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions of the Texas State Implementation Plan (SIP) submitted by the 
State of Texas on July 31, 2002; September 4, 2002; and March 1, 2004. 
These revisions require that all grandfathered facilities obtain 
specific permits which include emission control methods to achieve 
mandated emission reductions, as required, or shutdown; and require 
that emissions from dockside vessels which result from operations at 
grandfathered land-based facilities be included in specific permits. 
The revisions also outline additional permitting procedures for certain 
grandfathered pipeline equipment located in an ozone nonattainment 
area. EPA is approving the revisions under the Clean Air Act (CAA or 
Act), and EPA's regulations.

DATES: This final rule is effective on February 5, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2011-0202. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the Air Permits Section (6PD-R), Environmental Protection Agency, 1445 
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. Contact the person 
listed in the FOR FURTHER INFORMATION CONTACT paragraph below to make 
an appointment.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6PD-R), Air Permits 
Section, telephone (214) 665-7227; email: barrett.richard@epa.gov.

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

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our 
October 25, 2013 proposal (78 FR 63929). In that notice, we proposed to 
approve revisions to the Texas SIP regarding 30 TAC Chapter 116, 
subchapter H: ``Permits for Grandfathered Facilities'' and Subchapter 
I: ``Electric Generating Facility Permits''.
    We received one comment on our proposal. The comment we received 
can be accessed from the www.regulations.gov Web site (Docket No. EPA-
R06-OAR-2011-0202). The discussion below addresses the comment we 
received on our proposed action.

II. Response to Comments

    Comment: We received a comment dated November 22, 2013, from the 
Texas Commission on Environmental Quality (TCEQ) stating that TCEQ does 
not support the proposed approval of 30 TAC 116.803. TCEQ noted that on 
September 24, 2013, it withdrew 30 TAC 116.793 through 116.807 from EPA 
consideration. TCEQ referenced a June 29, 2011 letter from EPA Region 6 
to TCEQ. In that letter, EPA returned certain subsections of 30 TAC 
Chapter 116, subchapter H, specifically 30 TAC 116.779(a)(10), 
116.786(c)(2)(B)(ii)(I), 116.794(11), 116.795(f), and 116.799(a). The 
returned subsections pertain to Texas' implementation of the hazardous 
air pollution program under section 112(g) of the Clean Air Act, and 
are not required to be submitted as a revision to the Texas SIP.

[[Page 578]]

    Response: EPA agrees with TCEQ. EPA believes that these sections 
are no longer before EPA as part of Texas' SIP submittal. EPA is taking 
no action on 30 TAC 116.779(a)(10), 116.786(c)(2)(B)(ii)(I), and 
116.793 through 116.807. TCEQ's comment and the documents referenced in 
the comment are included in the docket.

III. Final Action

    We are approving revisions to the Texas SIP regarding 30 TAC 
Chapter 116, subchapter H: ``Permits for Grandfathered Facilities'' and 
Subchapter I: ``Electric Generating Facility Permits''. Specifically, 
we are approving the following revisions to the Texas SIP:
     Addition of 30 TAC Chapter 116, subchapter H, sections 
116.770-772, 116.774, 116.775, 116.777, 116.779-781 (except for 
116.779(a)(10)), 116.783, 116.785-788 (except for 
116.786(c)(2)(B)(ii)(I)), and 116.790, submitted on July 31, 2002.
     Addition of 30 TAC Chapter 116, subchapter H, section 
116.778 and Subchapter I, section 116.919, submitted on September 4, 
2002.
     Addition of the revisions to 30 TAC Chapter 116, 
subchapter H sections 116.770 and 116.772, submitted on March 1, 2004.
    The revisions require that all grandfathered facilities obtain 
specific permits which include emission control methods to achieve 
mandated emission reductions, as required, or shutdown; and require 
that emissions from dockside vessels which result from operations at 
grandfathered land-based facilities be included in specific permits. 
The revisions also outline additional permitting procedures for certain 
grandfathered pipeline equipment located in an ozone nonattainment 
area. We are approving the revisions under section 110, part C, and 
part D of the CAA, and EPA's regulations.

IV. Statutory and Executive Order Reviews

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

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
action and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 7, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: December 20, 2013.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR Part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. In Sec.  52.2270, the table in paragraph (c) entitled ``EPA Approved 
Regulations in the Texas SIP'' is amended under Chapter 116--Control of 
Air Pollution by Permits for New Construction or Modification, as 
follows:
0
a. Immediately following the entry for Sec.  116.615, by adding an 
entry for Subchapter H; and
0
b. Immediately following the entry for Sec.  116.918, by adding an 
entry for Sec.  116.919.
    The additions read as follows:


Sec.  52.2270  Identification of plan.

    (c) * * *

[[Page 579]]



                                                        EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          State
                                                                        approval/
            State citation                      Title/subject           submittal       EPA approval date                     Explanation
                                                                           date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                              Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Subchapter H--Permits for Grandfathered Facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Division 1--General Applicability
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.770.......................  Requirement to Apply.........      1/28/04  1/6/14..................  ..........................................
                                                                                    [Insert FR page number
                                                                                     where document begins].
Section 116.771.......................  Implementation Schedule for        5/22/02  1/6/14..................  ..........................................
                                         Additional Controls.                       [Insert FR page number
                                                                                     where document begins].
Section 116.772.......................  Notice of Shutdown...........      1/28/04  1/6/14..................  ..........................................
                                                                                    [Insert FR page number
                                                                                     where document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Division 2--Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits
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Section 116.774.......................  Eligibility for Small              5/22/02  1/6/14..................  ..........................................
                                         Business Stationary Source                 [Insert FR page number
                                         Permits.                                    where document begins].
Section 116.775.......................  Eligibility for Pipeline           5/22/02  1/6/14..................  ..........................................
                                         Facilities Permits.                        [Insert FR page number
                                                                                     where document begins].
Section 116.777.......................  Eligibility for Existing           5/22/02  1/6/14..................  ..........................................
                                         Facility Permits.                          [Insert FR page number
                                                                                     where document begins].
Section 116.778.......................  Additional Requirements for        8/21/02  1/6/14..................  ..........................................
                                         Applications for Small                     [Insert FR page number
                                         Business Stationary Source                  where document begins].
                                         Permits, Pipeline Facilities
                                         Permits, or Existing
                                         Facility Permits.
Section 116.779.......................  Applications for Small             5/22/02  1/6/14..................  116.779(a)(10) is not in the SIP.
                                         Business Stationary Source                 [Insert FR page number
                                         Permits, Pipeline Facilities                where document begins].
                                         Permits, or Existing
                                         Facility Permits.
Section 116.780.......................  Public Participation for           5/22/02  1/6/14..................  ..........................................
                                         Initial Issuance of Pipeline               [Insert FR page number
                                         Facilities Permits and                      where document begins].
                                         Existing Facility Permits.
Section 116.781.......................  Notice and Comment Hearings        5/22/02  1/6/14..................  ..........................................
                                         for Initial Issuance of                    [Insert FR page number
                                         Pipeline Facilities Permits                 where document begins].
                                         and Existing Facility
                                         Permits.
Section 116.783.......................  Notice of Final Action on          5/22/02  1/6/14..................  ..........................................
                                         Pipeline Facilities Permit                 [Insert FR page number
                                         Applications and Existing                   where document begins].
                                         Facility Permit Applications.
Section 116.785.......................  Permit Fee...................      5/22/02  1/6/14..................  ..........................................
                                                                                    [Insert FR page number
                                                                                     where document begins].
Section 116.786.......................  General and Special                5/22/02  1/6/14..................  116.786(c)(2)(B)(ii)(I) is not in the SIP.
                                         Conditions.                                [Insert FR page number
                                                                                     where document begins].

[[Page 580]]

 
Section 116.787.......................  Amendments and Alterations of      5/22/02  1/6/14..................  ..........................................
                                         Permits Issued Under this                  [Insert FR page number
                                         Division.                                   where document begins].
Section 116.788.......................  Renewal of Permits Issued          5/22/02  1/6/14..................  ..........................................
                                         Under this Division.                       [Insert FR page number
                                                                                     where document begins].
Section 116.790.......................  Delegation...................      5/22/02  1/6/14..................  ..........................................
                                                                                    [Insert FR page number
                                                                                     where document begins].
 
                                                                      * * * * * * *
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                                                   Subchapter I--Electric Generating Facility Permits
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                                                                      * * * * * * *
Section 116.919.......................  Additional Requirements for        8/21/02  1/6/14..................  ..........................................
                                         Grandfathered Electric                     [Insert FR page number
                                         Generating Facility Permit                  where document begins].
                                         Applications.
 
                                                                      * * * * * * *
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* * * * *
[FR Doc. 2013-31560 Filed 1-3-14; 8:45 am]
BILLING CODE 6560-50-P