Approval and Promulgation of Implementation Plans; Texas; Revisions for Permitting of Particulate Matter With Diameters Less Than or Equal to 2.5 Micrometers (PM2.5, 31046-31049 [2014-12474]
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31046
Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
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 July 29, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: May 16, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
Therefore, 40 CFR part 52 is amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1670, add a new entry at the
end of the table in paragraph (e) to read
as follows:
■
§ 52.1670
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Action/SIP element
Applicable geographic or
nonattainment area
New York
submittal date
*
*
*
Approval of CO maintenance
New York portion of the New
plan, CO motor vehicle
York-Northern New Jerseybudgets, and 2007 CO base
Long Island (NYCMA) CO
year emissions inventory.
area.
*
05/09/13
EPA approval date
*
5/30/14 [insert page number
where the document begins].
year emissions inventory and CO motor
vehicle emissions budgets through the
maintenance period.
3. In § 52.1682, add paragraph (d) to
read as follows:
■
[FR Doc. 2014–12465 Filed 5–29–14; 8:45 am]
*
ehiers on DSK2VPTVN1PROD with RULES
§ 52.1682 Control strategy: Carbon
monoxide.
Explanation
*
*
This is the 2nd 10-year CO
maintenance plan for the
New York portion of the
NYCMA.
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
*
*
*
*
(d) Approval—The May 9, 2013
revision to the carbon monoxide (CO)
maintenance plan for the New York
portion of the New York-Northern New
Jersey-Long Island, NYCMA, CO area.
This revision contains a second ten-year
maintenance plan that demonstrates
continued attainment of the National
Ambient Air Quality Standard for CO
through the year 2022, 2007 CO base
VerDate Mar<15>2010
14:58 May 29, 2014
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40 CFR Part 52
[EPA–R06–OAR–2011–0495; FRL–9909–35–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions for Permitting of Particulate
Matter With Diameters Less Than or
Equal to 2.5 Micrometers (PM2.5)
Environmental Protection
Agency (EPA).
AGENCY:
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Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
ACTION:
Final rule.
I. Background
The Environmental Protection
Agency (EPA) is approving revisions to
the Texas State Implementation Plan
(SIP) submitted by the Texas
Commission on Environmental Quality
(TCEQ) on May 19, 2011. The May 19,
2011, SIP submission adopts revisions
to the Texas General Air Quality
Definitions and Permits by Rule (PBR)
program consistent with certain federal
rules implementing the 1997 and 2006
PM2.5 National Ambient Air Quality
Standard (NAAQS). EPA finds that the
Texas Prevention of Significant
Deterioration (PSD) New Source Review
(NSR) SIP meets all EPA PM2.5 PSD SIP
rules. These rules include permitting
components such as the PM2.5
precursors of sulfur dioxide and
nitrogen oxides, condensables,
significant emissions rates (SER), and
increment. EPA is approving these
actions under section 110 and part C of
the Clean Air Act (CAA or the Act).
SUMMARY:
This final rule is effective on
June 30, 2014.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2011–0495. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
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:
FOR FURTHER INFORMATION CONTACT:
ehiers on DSK2VPTVN1PROD with RULES
Adina Wiley, Air Planning Section
(6PD–R), telephone (214) 665–2115,
email address wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
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The background for today’s action is
discussed in detail in our February 14,
2014 proposal (79 FR 8916). In that
notice, we proposed to approve
revisions to the Texas SIP at 30 TAC
Sections 101.1 and 106.4 submitted on
May 19, 2011, for the implementation of
the 1997 and 2006 PM2.5 NAAQS. EPA
also proposed to find that the Texas PSD
NSR SIP met the PM2.5 PSD
requirements contained in the federal
regulations as of December 9, 2013,
including regulation of NOX and SO2 as
PM2.5 precursors, regulation of
condensables, and PM2.5 increments.
II. Response to Comments
We received comments from the
Texas Industry Project (TIP) on our
February 14, 2014 proposal. The
comments we received can be accessed
in their entirety from the
www.regulations.gov Web site (Docket
No. EPA–R06–OAR–2011–0495). The
TIP generally expressed support for our
proposed rulemaking, but did request
clarification on certain issues.
Following is a summary of the
comments submitted from TIP and
EPA’s response.
Comment: TIP requests that EPA
acknowledge that ammonia is not
regulated as a precursor for PM2.5 for
PSD permitting under the Texas SIP.
The commenter also presented
information about EPA’s treatment of
ammonia and volatile organic
compounds (VOC) as precursors to
PM2.5 in the federal PSD Program.
Specifically, the commenter referenced
EPA’s May 16, 2008 NSR PM2.5
Implementation Rule; the lack of a
significant emission rate for VOC or
ammonia in the federal PSD rules at 40
CFR 51.166(b)(23)(i); and the definition
of ‘‘regulated NSR pollutant’’ where
VOC is presumed out and ammonia is
not mentioned at 40 CFR 51.166(b)(49).
Response: As discussed below, EPA
agrees with the commenter’s conclusion
that this approval action of the Texas
PM2.5 SIP will not result in regulating
ammonia or VOCs as precursors to
PM2.5. Federal rules do not require the
Texas PSD program to regulate VOCs or
ammonia as precursors to PM2.5.
In the May 16, 2008 NSR PM2.5
Implementation Rule, the EPA finalized
revisions to the PSD program to govern
regulation of SO2, NOX and VOCs as
regulated NSR pollutants. For purposes
of PSD, SO2 is a regulated NSR pollutant
under all circumstances; NOX is
presumptively regulated as an NSR
pollutant, unless the State or EPA
demonstrates that emissions of NOX
from sources in a specific area are not
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Fmt 4700
Sfmt 4700
31047
a significant contributor to that area’s
ambient PM2.5 concentrations; and
VOCs are presumptively not regulated
as an NSR pollutant, unless the State or
EPA demonstrates that emissions of
VOCs from sources in a specific area are
a significant contributor to that area’s
ambient PM2.5 concentrations. See 40
CFR 51.166(b)(49)(i)(b)–(d),
52.21(b)(50)(i)(b)–(d). The EPA did not
include ammonia as a regulated NSR
pollutant for purposes of PSD.
As to nonattainment NSR, States were
not required to regulate ammonia as a
PM2.5 precursor for a specific
nonattainment area unless either the
state or EPA provided a satisfactory
demonstration that ammonia emissions
from sources in a specific
nonattainment area are a significant
contributor to that area’s ambient PM2.5
concentrations. See 40 CFR
51.165(a)(1)(xxxvii)(C)(4). However, the
EPA clarified that ‘‘the action of any
State identifying ammonia emissions as
a significant contributor to a
nonattainment area’s PM2.5
concentrations, or our approval of a
nonattainment SIP doing so, does not
make ammonia a regulated NSR
pollutant for the purposes of PSD in any
attainment or unclassifiable areas
nationally.’’ See 73 FR 28321, 28330.
Texas was therefore not required by
the EPA to address ammonia in its PSD
regulations and there is no indication
that Texas intended to identify
ammonia as a regulated NSR pollutant
for purposes of PSD permitting for
PM2.5. Texas also did not revise its PSD
regulations to regulate VOCs as a PM2.5
precursor, as neither Texas nor the EPA
demonstrated that emissions of VOCs
from sources in the State significantly
contribute to PM2.5 concentrations in the
State. The EPA is approving the Texas
SIP as regulating only SO2 and NOX as
PM2.5 precursors for purposes of PSD
permitting. No changes were made to
our final rule as a result of this
comment.
III. Final Action
We are approving the May 19, 2011,
submittal for the State of Texas revising
30 TAC Sections 101.1(25), (75), (76),
and (78) and 106.4(a)(1) and (a)(4) for
the implementation of the 1997 and
2006 PM2.5 NAAQS and non-substantive
revisions to 30 TAC 106.4(a)(2) and (c)
as proposed. We also find that the Texas
PSD NSR SIP satisfies the PM2.5 PSD
requirements contained in federal
regulations as of December 9, 2013. This
action is being taken under section 110
and part C of the Act.
Also in this action we are making a
ministerial revision to the Texas SIP to
reflect a recent EPA final approval of the
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Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
Texas PSD program. In Title 40 of the
Code of Federal Regulations, Part 52,
§ 52.2303, paragraph (a)(2) is corrected
to reflect the January 6, 2014, Federal
Register EPA final action (79 FR 551)
that replaced two provisions of the
Texas PSD Supplement, paragraphs (a)
and (b) of Board Order 87–09.
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. 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 July 29, 2014.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposed of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 16, 2014.
Ron Curry,
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 (c), the table titled
‘‘EPA APPROVED REGULATIONS IN
THE TEXAS SIP’’ is amended by
revising the entries for Sections 101.1
and 106.4 to read as follows:
■
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State
approval/
submittal
date
Title/subject
*
*
EPA approval date
*
*
*
ehiers on DSK2VPTVN1PROD with RULES
Chapter 101—General Air Quality Rules
Subchapter A—General Rules
Section 101.1 ..........................
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Definitions ..............................
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Explanation
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*
31049
Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
*
State
approval/
submittal
date
Title/subject
*
*
EPA approval date
*
*
Explanation
*
*
*
*
*
*
Chapter 106—Permits by Rule
Subchapter A—General Requirements
*
*
*
Section 106.4 .......................... Requirements for Permitting
by Rule.
*
*
*
*
*
*
*
*
3. In § 52.2303 is amended by adding
paragraph (a)(1)(x) and revising
paragraph (a)(2) to read as follows.
■
§ 52.2303
quality.
Significant deterioration of air
(a) * * *
(1) * * *
(x) June 30, 2014 (as revised by the
Texas Commission on Environmental
Quality on April 20, 2011 and submitted
on May 19, 2011) to address PSD
permitting requirements for PM2.5
promulgated by EPA on May 16, 2008,
October 20, 2010, and December 9,
2013.
(2) The Prevention of Significant
Deterioration (PSD) Supplement
document, submitted October 26, 1987
(as adopted by the TACB on July 17,
1987) and revised on July 2, 2010, to
remove paragraphs (7)(a) and (7)(b). See
EPA’s final approval action on January
6, 2014.
*
*
*
*
*
[FR Doc. 2014–12474 Filed 5–29–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2014–0455: FRL–9911–64–
Region–10]
Adequacy Determination for the Kent,
Seattle, and Tacoma, Washington PM10
State Implementation Plan for
Transportation Conformity Purposes
Environmental Protection
Agency (EPA).
ACTION: Notice of adequacy
determination.
ehiers on DSK2VPTVN1PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is notifying the public of
its finding that the Kent, Seattle, and
SUMMARY:
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*
04/20/2011
*
*
05/30/2014 [Insert FR page
number where document
begins].
*
Tacoma second 10-year limited
maintenance plan (LMP) for particulate
matter with an aerodynamic diameter of
a nominal 10 microns or less (PM10) is
adequate for transportation conformity
purposes. The LMP was submitted to
the EPA by the State of Washington
Department of Ecology (Ecology or the
State) on November 25, 2013. As a result
of our adequacy finding, regional
emissions analyses will no longer be
required as part of the transportation
conformity demonstrations for PM10 for
the Kent, Seattle, and Tacoma areas.
DATES: This finding is effective June 16,
2014.
FOR FURTHER INFORMATION CONTACT: The
finding will be available at the EPA’s
conformity Web site: https://
www.epa.gov/otaq/stateresources/
transconf/adequacy.htm. You may also
contact Dr. Karl Pepple, U.S. EPA,
Region 10 (OAWT–107), 1200 Sixth
Ave., Suite 900, Seattle WA 98101; (206)
553–1778; or by email at pepple.karl@
epa.gov.
SUPPLEMENTARY INFORMATION: This
action provides notice of the EPA’s
adequacy finding regarding the second
10-year PM10 limited maintenance plan
for Kent, Seattle, and Tacoma (LMP) for
purposes of transportation conformity.
The EPA’s finding was made pursuant
to the adequacy review process for
implementation plan submissions
delineated at 40 CFR 93.118(f)(1) under
which the EPA reviews the adequacy of
a state implementation plan (SIP)
submission prior to the EPA’s final
action on the implementation plan.
The State submitted the LMP to the
EPA on November 25, 2013. Pursuant to
40 CFR 93.118(f)(1), the EPA notified
the public of its receipt of this plan and
its review for an adequacy
determination on the EPA’s Web site
and requested public comment by no
later than January 10, 2014.
Additionally, the EPA announced the
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public comment period on the entire
LMP in the Federal Register on
December 26, 2013 (78 FR 78311). The
EPA received a request to extend the
comment period and announced a
comment period extension to March 10,
2014 in a notice published on February
6, 2014 (79 FR 7126). The EPA received
no comments on the on-road vehicle
portion of the plan during the comment
period. As part of our review, we also
reviewed comments on the LMP
submitted to the State of Washington
during the State’s public process. There
were no adverse comments directed at
the on-road portion of the plan that
were submitted during the State hearing
process regarding the new Plan.
However, the EPA did receive adverse
comments on potential future emissions
in the non-road portion of the LMP.
Nevertheless, the EPA believes it is
appropriate to find this LMP adequate
for purposes of transportation
conformity while the EPA continues to
review the plan and comments received.
This adequacy finding is not dispositive
of the EPA’s ultimate approval or
disapproval of the LMP.
The EPA notified Ecology in a letter
dated April 9, 2014 (adequacy letter),
subsequent to the close of the EPA
comment period, that the EPA had
found the LMP to be adequate for use
for transportation conformity purposes.
A copy of the adequacy letter and its
enclosure are available in the docket for
this action and at the EPA’s conformity
Web site: https://www.epa.gov/otaq/
stateresources/transconf/adequacy.htm.
Pursuant to 40 CFR 93.109(l), limited
maintenance plans are not required to
contain on-road motor vehicle
emissions budgets. Accordingly, as a
result of this adequacy finding, regional
emissions analyses will no longer be
required as a part of the transportation
conformity demonstrations for PM10 for
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]]>Agencies
[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Rules and Regulations]
[Pages 31046-31049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12474]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0495; FRL-9909-35-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Revisions for Permitting of Particulate Matter With Diameters Less Than
or Equal to 2.5 Micrometers (PM2.5)
AGENCY: Environmental Protection Agency (EPA).
[[Page 31047]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Texas State Implementation Plan (SIP) submitted by the
Texas Commission on Environmental Quality (TCEQ) on May 19, 2011. The
May 19, 2011, SIP submission adopts revisions to the Texas General Air
Quality Definitions and Permits by Rule (PBR) program consistent with
certain federal rules implementing the 1997 and 2006 PM2.5
National Ambient Air Quality Standard (NAAQS). EPA finds that the Texas
Prevention of Significant Deterioration (PSD) New Source Review (NSR)
SIP meets all EPA PM2.5 PSD SIP rules. These rules include
permitting components such as the PM2.5 precursors of sulfur
dioxide and nitrogen oxides, condensables, significant emissions rates
(SER), and increment. EPA is approving these actions under section 110
and part C of the Clean Air Act (CAA or the Act).
DATES: This final rule is effective on June 30, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2011-0495. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
the Air Planning Section (6PD-L), 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: Adina Wiley, Air Planning Section
(6PD-R), telephone (214) 665-2115, email address wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. 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
February 14, 2014 proposal (79 FR 8916). In that notice, we proposed to
approve revisions to the Texas SIP at 30 TAC Sections 101.1 and 106.4
submitted on May 19, 2011, for the implementation of the 1997 and 2006
PM2.5 NAAQS. EPA also proposed to find that the Texas PSD
NSR SIP met the PM2.5 PSD requirements contained in the
federal regulations as of December 9, 2013, including regulation of
NOX and SO2 as PM2.5 precursors,
regulation of condensables, and PM2.5 increments.
II. Response to Comments
We received comments from the Texas Industry Project (TIP) on our
February 14, 2014 proposal. The comments we received can be accessed in
their entirety from the www.regulations.gov Web site (Docket No. EPA-
R06-OAR-2011-0495). The TIP generally expressed support for our
proposed rulemaking, but did request clarification on certain issues.
Following is a summary of the comments submitted from TIP and EPA's
response.
Comment: TIP requests that EPA acknowledge that ammonia is not
regulated as a precursor for PM2.5 for PSD permitting under
the Texas SIP. The commenter also presented information about EPA's
treatment of ammonia and volatile organic compounds (VOC) as precursors
to PM2.5 in the federal PSD Program. Specifically, the
commenter referenced EPA's May 16, 2008 NSR PM2.5
Implementation Rule; the lack of a significant emission rate for VOC or
ammonia in the federal PSD rules at 40 CFR 51.166(b)(23)(i); and the
definition of ``regulated NSR pollutant'' where VOC is presumed out and
ammonia is not mentioned at 40 CFR 51.166(b)(49).
Response: As discussed below, EPA agrees with the commenter's
conclusion that this approval action of the Texas PM2.5 SIP
will not result in regulating ammonia or VOCs as precursors to
PM2.5. Federal rules do not require the Texas PSD program to
regulate VOCs or ammonia as precursors to PM2.5.
In the May 16, 2008 NSR PM2.5 Implementation Rule, the
EPA finalized revisions to the PSD program to govern regulation of
SO2, NOX and VOCs as regulated NSR pollutants.
For purposes of PSD, SO2 is a regulated NSR pollutant under
all circumstances; NOX is presumptively regulated as an NSR
pollutant, unless the State or EPA demonstrates that emissions of
NOX from sources in a specific area are not a significant
contributor to that area's ambient PM2.5 concentrations; and
VOCs are presumptively not regulated as an NSR pollutant, unless the
State or EPA demonstrates that emissions of VOCs from sources in a
specific area are a significant contributor to that area's ambient
PM2.5 concentrations. See 40 CFR 51.166(b)(49)(i)(b)-(d),
52.21(b)(50)(i)(b)-(d). The EPA did not include ammonia as a regulated
NSR pollutant for purposes of PSD.
As to nonattainment NSR, States were not required to regulate
ammonia as a PM2.5 precursor for a specific nonattainment
area unless either the state or EPA provided a satisfactory
demonstration that ammonia emissions from sources in a specific
nonattainment area are a significant contributor to that area's ambient
PM2.5 concentrations. See 40 CFR 51.165(a)(1)(xxxvii)(C)(4).
However, the EPA clarified that ``the action of any State identifying
ammonia emissions as a significant contributor to a nonattainment
area's PM2.5 concentrations, or our approval of a
nonattainment SIP doing so, does not make ammonia a regulated NSR
pollutant for the purposes of PSD in any attainment or unclassifiable
areas nationally.'' See 73 FR 28321, 28330.
Texas was therefore not required by the EPA to address ammonia in
its PSD regulations and there is no indication that Texas intended to
identify ammonia as a regulated NSR pollutant for purposes of PSD
permitting for PM2.5. Texas also did not revise its PSD
regulations to regulate VOCs as a PM2.5 precursor, as
neither Texas nor the EPA demonstrated that emissions of VOCs from
sources in the State significantly contribute to PM2.5
concentrations in the State. The EPA is approving the Texas SIP as
regulating only SO2 and NOX as PM2.5
precursors for purposes of PSD permitting. No changes were made to our
final rule as a result of this comment.
III. Final Action
We are approving the May 19, 2011, submittal for the State of Texas
revising 30 TAC Sections 101.1(25), (75), (76), and (78) and
106.4(a)(1) and (a)(4) for the implementation of the 1997 and 2006
PM2.5 NAAQS and non-substantive revisions to 30 TAC
106.4(a)(2) and (c) as proposed. We also find that the Texas PSD NSR
SIP satisfies the PM2.5 PSD requirements contained in
federal regulations as of December 9, 2013. This action is being taken
under section 110 and part C of the Act.
Also in this action we are making a ministerial revision to the
Texas SIP to reflect a recent EPA final approval of the
[[Page 31048]]
Texas PSD program. In Title 40 of the Code of Federal Regulations, Part
52, Sec. 52.2303, paragraph (a)(2) is corrected to reflect the January
6, 2014, Federal Register EPA final action (79 FR 551) that replaced
two provisions of the Texas PSD Supplement, paragraphs (a) and (b) of
Board Order 87-09.
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. 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 July 29, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: May 16, 2014.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270 (c), the table titled ``EPA APPROVED REGULATIONS IN
THE TEXAS SIP'' is amended by revising the entries for Sections 101.1
and 106.4 to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 101--General Air Quality Rules
----------------------------------------------------------------------------------------------------------------
Subchapter A--General Rules
----------------------------------------------------------------------------------------------------------------
Section 101.1.................... Definitions........ 04/20/2011 05/30/2014 [Insert
FR page number
where document
begins].
[[Page 31049]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 106--Permits by Rule
----------------------------------------------------------------------------------------------------------------
Subchapter A--General Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 106.4.................... Requirements for 04/20/2011 05/30/2014 [Insert
Permitting by Rule. FR page number
where document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. In Sec. 52.2303 is amended by adding paragraph (a)(1)(x) and
revising paragraph (a)(2) to read as follows.
Sec. 52.2303 Significant deterioration of air quality.
(a) * * *
(1) * * *
(x) June 30, 2014 (as revised by the Texas Commission on
Environmental Quality on April 20, 2011 and submitted on May 19, 2011)
to address PSD permitting requirements for PM2.5 promulgated
by EPA on May 16, 2008, October 20, 2010, and December 9, 2013.
(2) The Prevention of Significant Deterioration (PSD) Supplement
document, submitted October 26, 1987 (as adopted by the TACB on July
17, 1987) and revised on July 2, 2010, to remove paragraphs (7)(a) and
(7)(b). See EPA's final approval action on January 6, 2014.
* * * * *
[FR Doc. 2014-12474 Filed 5-29-14; 8:45 am]
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