Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review State Implementation Plan; Flexible Permit Program, 42727-42730 [2015-17472]

Download as PDF Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). IV. Statutory and Executive Order Reviews Under the Clean Air Act (CAA), the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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 CAA; 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, the SIP is not approved to apply on any Indian reservation land VerDate Sep<11>2014 16:02 Jul 17, 2015 Jkt 235001 or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 18, 2015. 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, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: June 19, 2015. Susan Hedman, Regional Administrator, Region 5. 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. 2. Section 52.720 is amended by adding paragraph (c)(205) to read as follows: ■ PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 § 52.720 42727 Identification of plan. * * * * * (c) * * * (205) On May 16, 2013, and August 18, 2014, Illinois submitted variances to its regional haze state implementation plan affecting the following Midwest Generation, LLC facilities: Crawford Generating Station (Cook County), Joliet Generating Station (Will County), Powerton Generating Station (Tazewell County), Waukegan Generating Station (Lake County), and Will County Generating Station (Will County). (i) Incorporation by Reference. (A) Illinois Pollution Control Board Order PCB 12–121, adopted on August 23, 2012; Certificate of Acceptance, dated August 24, 2012, filed with the Illinois Pollution Control Board Clerk’s Office August 27, 2012. (B) Illinois Pollution Control Board Order PCB 13–24, adopted on April 4, 2013; Certificate of Acceptance, dated May 16, 2013, filed with the Illinois Pollution Control Board Clerk’s Office May 17, 2013. [FR Doc. 2015–17662 Filed 7–17–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2013–0542; FRL–9930–44– Region–6] Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review State Implementation Plan; Flexible Permit Program Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The EPA is fully approving revisions to the Texas New Source Review (NSR) State Implementation Plan (SIP) to establish the Texas Minor NSR Flexible Permits Program (FPP), submitted by the Texas Commission on Environmental Quality (TCEQ). The approval was predicated on the TCEQ meeting its commitment outlined in its letter dated December 9, 2013, to adopt certain minor clarifications to the Flexible Permit Program (FPP) by November 30, 2014. The TCEQ submitted the revised program rules to meet its commitment on July 31, 2014. The EPA is finalizing this action under section 110 of the Clean Air Act (CAA). DATES: This final rule will be effective August 19, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID SUMMARY: E:\FR\FM\20JYR1.SGM 20JYR1 42728 Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations No. EPA–R06–OAR–2013–0542. All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available. E.g., Confidential Business Information or other information the disclosure of which is restricted by the statute. Certain other material such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. 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). FOR FURTHER INFORMATION CONTACT: Ms. Stephanie Kordzi, telephone 214–665– 7520; email address kordzi.stephanie@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. Table of Contents mstockstill on DSK4VPTVN1PROD with RULES I. Background II. Response to Comments III. When is this action effective? IV. Final Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background On July 14, 2014, the EPA took final rulemaking action conditionally approving revisions to the Texas NSR SIP to establish the Texas Minor NSR Flexible Permits Program, submitted by the TCEQ. The EPA’s proposed conditional approval was published in 79 FR 8368, February 12, 2014. The conditional approval was predicated on a commitment from TCEQ in a letter dated December 9, 2013, to adopt certain minor clarifications to the FPP by November 30, 2014. (79 FR 40666, July 14, 2014). On September 12, 2014, Environmental Integrity Project, et al., filed a Petition for Review challenging the EPA conditional approval of the FPP with the Fifth Circuit Court of Appeals. The U.S. Department of Justice submitted the response to the Petition, Case No. 14–60649, for the EPA on March 2, 2015. The Appeal is on-going as of the date of publication of this notice. On July 31, 2014, the TCEQ submitted revisions to the Texas NSR SIP. The VerDate Sep<11>2014 16:02 Jul 17, 2015 Jkt 235001 rulemaking properly structured the rules within and according to the rulemaking requirements of the Texas Administrative Procedure Act and the Texas Administrative Code. The EPA proposed full approval of the FPP (79 FR 7875, December 31, 2014) based on its determination that the SIP revisions complied with section 110(k) of the Federal Clean Air Act (the Act or CAA) and was consistent with the EPA’s regulations and policies. These revisions supported this action to convert the approved conditional FPP to a fully approved FPP. The EPA reopened the public notice period for an additional 30 days (80 FR 21199, April 17, 2015), due to items being inadvertently omitted from the docket during the public notice period beginning December 31, 2014. II. Response to Comments The EPA proposed an initial comment period of 30 days. We received comments from 3 organizations during the initial comment period as follows: The TCEQ, Baker Botts, and the Environmental Integrity Project (EIP) on behalf of the Environmental Justice Advocacy Services, Community in Power & Development Association, Citizens for Environmental Justice, Air Alliance Houston, Texas Campaign for the Environment, and the Texas Impact. All comments previously submitted under the first public notice for this action are being responded to as appropriate and the commenters were informed that they did not need to resubmit them during the reopened public notice period. The EPA did not receive any additional comments during the reopened public notice period. All comment letters can be found in their entirety in the docket for this rulemaking. Comment 1: Baker Botts stated they supported EPA’s proposed approval of the Texas FPP. They believe it complies with the federal Clean Air Act. Further they believe that flexible permits are an essential part of the Texas air quality permitting program and the program has contributed to marked and sustained improvements in Texas air quality. They submitted information from TCEQ’s Web site which documents reductions in ozone and other pollutants in Texas. Response 1: The EPA appreciates the support for our final approval. No changes were made to the final rule as a result of this comment. Comment 2: The TCEQ concurs with the EPA’s proposed determination that the TCEQ fulfilled its December 9, 2013, commitment to submit the FPP SIP revision. The TCEQ also concurs with EPA’s proposed finding that the TCEQ PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 has satisfied all the elements of the EPA’s final conditional approval (79 FR 40666, July 14, 2014). The TCEQ submitted on July 31, 2014, the following rules: 30 TAC Sections 116.13, 116.710, 116.711(1), (2)(A)(B) and (C)(i) and (ii), (D)–(J), and (L)–(N); 116.715(a)–(e) and (f)(1) and (2)(B); 116.716; 116.717; 116.718; 116.721; and 116.765. Response 2: The EPA appreciates the support for our final approval of the rule. No changes were made to the final rule as a result of this comment. Comment 3: The EIP stated the following: ‘‘this full approval action is non-substantive, it is not the agency action we seek to, or intend to, challenge.’’ EIP did resubmit their April 4, 2014, comments on the proposed conditional approval (Attachment A), and their January 27, 2015, Fifth Circuit Court of Appeals brief (Attachment B). Response 3: The EIP did not submit comments on the substance of this action, which addressed the rules being properly structured within and according to the rulemaking requirements of the Texas Administrative Procedure Act and the Texas Administrative Code. The EPA addressed the April 4, 2014, comments that the EIP resubmitted in its response to comments contained in the final conditional approval. (79 FR 40666, July 14, 2014). Further, the Brief of Respondent U.S. Environmental Protection Agency, Case No. 14–60649, filed on March 2, 2015, replies to the issues raised by EIP in its January 27, 2015, Fifth Circuit Court of Appeals brief. EPA is incorporating by reference the EPA’s Reply Brief in this response to the EIP’s resubmitted comments. It can be found in the Docket to this action. III. When is this action effective? The EPA has determined that today’s final approval of the Texas FPP is subject to the requirement to delay a rule’s effective date until 30 days after publication in 5 U.S.C. 553(d) of the APA; therefore, the rule, will become effective 30 days after publication. IV. Final Action After careful consideration of submitted revisions to meet the requirements of the conditional approval and of the comments received and the responses to each comment provided above, and under section 110 of the Act, the EPA is finalizing our proposal to convert the conditional approval of the FPP to a full, final action. Further, we have found it complies with section 110(l) of the Act. E:\FR\FM\20JYR1.SGM 20JYR1 Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations We are making the following revisions to the Texas SIP: • Revisions to 30 TAC Section 116.13—Flexible Permit Definitions. • Revisions to 30 TAC Section 116.710—Applicability. • Revisions to 30 TAC Section 116.711(1), (2)(A), (B) and (C)(i) and (ii), (D)–(J), and (L)–(N)—Flexible Permit Application. • Revisions to 30 TAC Section 116.715(a)–(e) and (f)(1) and (2)(B)— General and Special Conditions. • Revisions to 30 TAC Section 116.716—Emission Caps and Individual Emission Limitations. • Revisions to 30 TAC Section 116.717—Implementation Schedule for Additional Controls. • Revisions to 30 TAC Section 116.718—Significant Emission Increase. • Revisions to 30 TAC Section 116.720—Limitation of Physical and Operational Changes. • Revisions to 30 TAC Section 116.721—Amendments and Alterations. • Revisions to 30 TAC Section 116.740(a)—Public Notice. • Revisions to 30 TAC Section 116.750—Flexible Permit Fee. Revisions to 30 TAC Section 116.765— Compliance Schedule. The EPA has determined that the revised rule satisfies the December 9, 2013, Commitment Letter which was submitted in a timely manner. V. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the Texas regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. mstockstill on DSK4VPTVN1PROD with RULES VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. See, 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond VerDate Sep<11>2014 16:02 Jul 17, 2015 Jkt 235001 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 42729 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 September 18, 2015. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 30, 2015. 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 116.13, 116.710, 116,711, 116.715, 116.716, 116.717, 116.718, 116.720, 116.721, 116.740, 116.750, and 116.765 to read as follows: ■ § 52.2270 * Identification of plan. * * (c) * * * E:\FR\FM\20JYR1.SGM 20JYR1 * * 42730 Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / 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 A—Definitions * Section 116.13 ..... * * Flexible Permit Definitions ........... * * * * 7/31/2014 7/20/2015 [Insert Federal Register citation]. * * * * * * * Subchapter G—Flexible Permits Section 116.710 ... Applicability .................................. 7/31/2014 Section 116.711 ... Flexible Permit Application .......... 7/31/2014 * Section 116.715 ... * * General and Special Conditions .. Section 116.716 ... Emission Caps and Individual Emission Limitations. Implementation Schedule for Additional Controls. Significant Emission Increase ...... * * 7/31/2014 7/20/2015 [Insert Federal ister citation]. 7/31/2014 7/20/2015 [Insert Federal ister citation]. 7/31/2014 7/20/2015 [Insert Federal ister citation]. 7/31/2014 7/20/2015 [Insert Federal ister citation]. 7/31/2014 7/20/2015 [Insert Federal ister citation]. 7/31/2014 7/20/2015 [Insert Federal ister citation]. Section 116.717 ... Section 116.718 ... Section 116.720 ... Section 116.721 ... Limitation on Physical and Operational Changes. Amendments and Alterations ....... * Section 116.740 ... * * Public Notice and Comment ........ Section 116.750 ... Flexible Permit Fee ...................... * Section 116.765 ... * * Compliance Schedule .................. * * * * * * mstockstill on DSK4VPTVN1PROD with RULES 40 CFR Part 52 [EPA–R06–OAR–2015–0027; FRL–9930–79– Region–6] Approval and Promulgation of Implementation Plans; Texas; Low Reid Vapor Pressure Fuel Regulations VerDate Sep<11>2014 16:02 Jul 17, 2015 Jkt 235001 Direct final rule. The EPA is taking a direct final action to approve revisions to the Texas State Implementation Plan (SIP) related to Low Reid Vapor Pressure (RVP) Fuel Regulations that were submitted by the State of Texas on January 5, 2015. The EPA evaluated the SIP submittal from Texas and determined these revisions are consistent with the requirements of the Clean Air Act (Act or CAA). The EPA is approving this action under the federal CAA. This direct final rule is effective on September 18, 2015 without further notice, unless the EPA receives relevant PO 00000 RegRegReg- * DATES: Environmental Protection Agency (EPA). AGENCY: Reg- * * SIP includes 30 TAC Section 116.765(b) and (c). SUMMARY: ENVIRONMENTAL PROTECTION AGENCY Reg- * * 7/31/2014 7/20/2015 [Insert Federal Register citation]. [FR Doc. 2015–17472 Filed 7–17–15; 8:45 am] BILLING CODE 6560–50–P * * SIP includes 30 TAC 116.715(a)– (e) and (f)(1) and (2)(B) * * SIP includes 30 TAC Section 116.740(a). * ACTION: Reg- SIP includes 30 TAC 116.711(1), (2)(A), (B) and (C)(i) and (ii), (D)–(J), and (L)–(N) * * 7/31/2014 7/20/2015 [Insert Federal Register citation]. 7/31/2014 7/20/2015 [Insert Federal Register citation]. * * 7/20/2015 [Insert Federal Register citation]. 7/20/2015 [Insert Federal Register citation]. Frm 00024 Fmt 4700 Sfmt 4700 * * adverse comment August 19, 2015. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R06– OAR–2015–0027, by one of the following methods: (1) www.regulations.gov: Follow the on-line instructions. (2) Email: Ms. Tracie Donaldson at donaldson.tracie@epa.gov. (3) Mail or Delivery: Ms. Tracie Donaldson, Air Permits Section (6PD– R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. E:\FR\FM\20JYR1.SGM 20JYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42727-42730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17472]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0542; FRL-9930-44-Region-6]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to the New Source Review State Implementation Plan; Flexible
Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is fully approving revisions to the Texas New Source
Review (NSR) State Implementation Plan (SIP) to establish the Texas
Minor NSR Flexible Permits Program (FPP), submitted by the Texas
Commission on Environmental Quality (TCEQ). The approval was predicated
on the TCEQ meeting its commitment outlined in its letter dated
December 9, 2013, to adopt certain minor clarifications to the Flexible
Permit Program (FPP) by November 30, 2014. The TCEQ submitted the
revised program rules to meet its commitment on July 31, 2014. The EPA
is finalizing this action under section 110 of the Clean Air Act (CAA).

DATES: This final rule will be effective August 19, 2015.

ADDRESSES: The EPA has established a docket for this action under
Docket ID

[[Page 42728]]

No. EPA-R06-OAR-2013-0542. All documents in the docket are listed in
the https://www.regulations.gov index. Although listed in the index,
some information is not publicly available. E.g., Confidential Business
Information or other information the disclosure of which is restricted
by the statute. Certain other material such as copyrighted material,
will be publicly available only in hard copy. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy at the Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733. 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).

FOR FURTHER INFORMATION CONTACT: Ms. Stephanie Kordzi, telephone 214-
665-7520; email address kordzi.stephanie@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. Response to Comments
III. When is this action effective?
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

On July 14, 2014, the EPA took final rulemaking action
conditionally approving revisions to the Texas NSR SIP to establish the
Texas Minor NSR Flexible Permits Program, submitted by the TCEQ. The
EPA's proposed conditional approval was published in 79 FR 8368,
February 12, 2014. The conditional approval was predicated on a
commitment from TCEQ in a letter dated December 9, 2013, to adopt
certain minor clarifications to the FPP by November 30, 2014. (79 FR
40666, July 14, 2014).
On September 12, 2014, Environmental Integrity Project, et al.,
filed a Petition for Review challenging the EPA conditional approval of
the FPP with the Fifth Circuit Court of Appeals. The U.S. Department of
Justice submitted the response to the Petition, Case No. 14-60649, for
the EPA on March 2, 2015. The Appeal is on-going as of the date of
publication of this notice.
On July 31, 2014, the TCEQ submitted revisions to the Texas NSR
SIP. The rulemaking properly structured the rules within and according
to the rulemaking requirements of the Texas Administrative Procedure
Act and the Texas Administrative Code. The EPA proposed full approval
of the FPP (79 FR 7875, December 31, 2014) based on its determination
that the SIP revisions complied with section 110(k) of the Federal
Clean Air Act (the Act or CAA) and was consistent with the EPA's
regulations and policies. These revisions supported this action to
convert the approved conditional FPP to a fully approved FPP. The EPA
reopened the public notice period for an additional 30 days (80 FR
21199, April 17, 2015), due to items being inadvertently omitted from
the docket during the public notice period beginning December 31, 2014.

II. Response to Comments

The EPA proposed an initial comment period of 30 days. We received
comments from 3 organizations during the initial comment period as
follows: The TCEQ, Baker Botts, and the Environmental Integrity Project
(EIP) on behalf of the Environmental Justice Advocacy Services,
Community in Power & Development Association, Citizens for
Environmental Justice, Air Alliance Houston, Texas Campaign for the
Environment, and the Texas Impact. All comments previously submitted
under the first public notice for this action are being responded to as
appropriate and the commenters were informed that they did not need to
resubmit them during the reopened public notice period. The EPA did not
receive any additional comments during the reopened public notice
period. All comment letters can be found in their entirety in the
docket for this rulemaking.
Comment 1: Baker Botts stated they supported EPA's proposed
approval of the Texas FPP. They believe it complies with the federal
Clean Air Act. Further they believe that flexible permits are an
essential part of the Texas air quality permitting program and the
program has contributed to marked and sustained improvements in Texas
air quality. They submitted information from TCEQ's Web site which
documents reductions in ozone and other pollutants in Texas.
Response 1: The EPA appreciates the support for our final approval.
No changes were made to the final rule as a result of this comment.
Comment 2: The TCEQ concurs with the EPA's proposed determination
that the TCEQ fulfilled its December 9, 2013, commitment to submit the
FPP SIP revision. The TCEQ also concurs with EPA's proposed finding
that the TCEQ has satisfied all the elements of the EPA's final
conditional approval (79 FR 40666, July 14, 2014). The TCEQ submitted
on July 31, 2014, the following rules: 30 TAC Sections 116.13, 116.710,
116.711(1), (2)(A)(B) and (C)(i) and (ii), (D)-(J), and (L)-(N);
116.715(a)-(e) and (f)(1) and (2)(B); 116.716; 116.717; 116.718;
116.721; and 116.765.
Response 2: The EPA appreciates the support for our final approval
of the rule. No changes were made to the final rule as a result of this
comment.
Comment 3: The EIP stated the following: ``this full approval
action is non-substantive, it is not the agency action we seek to, or
intend to, challenge.'' EIP did resubmit their April 4, 2014, comments
on the proposed conditional approval (Attachment A), and their January
27, 2015, Fifth Circuit Court of Appeals brief (Attachment B).
Response 3: The EIP did not submit comments on the substance of
this action, which addressed the rules being properly structured within
and according to the rulemaking requirements of the Texas
Administrative Procedure Act and the Texas Administrative Code. The EPA
addressed the April 4, 2014, comments that the EIP resubmitted in its
response to comments contained in the final conditional approval. (79
FR 40666, July 14, 2014). Further, the Brief of Respondent U.S.
Environmental Protection Agency, Case No. 14-60649, filed on March 2,
2015, replies to the issues raised by EIP in its January 27, 2015,
Fifth Circuit Court of Appeals brief. EPA is incorporating by reference
the EPA's Reply Brief in this response to the EIP's resubmitted
comments. It can be found in the Docket to this action.

III. When is this action effective?

The EPA has determined that today's final approval of the Texas FPP
is subject to the requirement to delay a rule's effective date until 30
days after publication in 5 U.S.C. 553(d) of the APA; therefore, the
rule, will become effective 30 days after publication.

IV. Final Action

After careful consideration of submitted revisions to meet the
requirements of the conditional approval and of the comments received
and the responses to each comment provided above, and under section 110
of the Act, the EPA is finalizing our proposal to convert the
conditional approval of the FPP to a full, final action. Further, we
have found it complies with section 110(l) of the Act.

[[Page 42729]]

We are making the following revisions to the Texas SIP:
Revisions to 30 TAC Section 116.13--Flexible Permit
Definitions.
Revisions to 30 TAC Section 116.710--Applicability.
Revisions to 30 TAC Section 116.711(1), (2)(A), (B) and
(C)(i) and (ii), (D)-(J), and (L)-(N)--Flexible Permit Application.
Revisions to 30 TAC Section 116.715(a)-(e) and (f)(1) and
(2)(B)--General and Special Conditions.
Revisions to 30 TAC Section 116.716--Emission Caps and
Individual Emission Limitations.
Revisions to 30 TAC Section 116.717--Implementation
Schedule for Additional Controls.
Revisions to 30 TAC Section 116.718--Significant Emission
Increase.
Revisions to 30 TAC Section 116.720--Limitation of
Physical and Operational Changes.
Revisions to 30 TAC Section 116.721--Amendments and
Alterations.
Revisions to 30 TAC Section 116.740(a)--Public Notice.
Revisions to 30 TAC Section 116.750--Flexible Permit Fee.
Revisions to 30 TAC Section 116.765--Compliance Schedule.
The EPA has determined that the revised rule satisfies the December
9, 2013, Commitment Letter which was submitted in a timely manner.

V. Incorporation by Reference

In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.

VI. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See, 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 September 18, 2015. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: June 30, 2015.
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 116.13,
116.710, 116,711, 116.715, 116.716, 116.717, 116.718, 116.720, 116.721,
116.740, 116.750, and 116.765 to read as follows:

Sec. 52.2270 Identification of plan.

* * * * *
(c) * * *

[[Page 42730]]

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 A--Definitions
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Section 116.13.............. Flexible Permit 7/31/2014 7/20/2015 [Insert ....................
Definitions. Federal Register
citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter G--Flexible Permits
----------------------------------------------------------------------------------------------------------------
Section 116.710............. Applicability........ 7/31/2014 7/20/2015 [Insert ....................
Federal Register
citation].
Section 116.711............. Flexible Permit 7/31/2014 7/20/2015 [Insert SIP includes 30 TAC
Application. Federal Register 116.711(1), (2)(A),
citation]. (B) and (C)(i) and
(ii), (D)-(J), and
(L)-(N)

* * * * * * *
Section 116.715............. General and Special 7/31/2014 7/20/2015 [Insert SIP includes 30 TAC
Conditions. Federal Register 116.715(a)-(e) and
citation]. (f)(1) and (2)(B)
Section 116.716............. Emission Caps and 7/31/2014 7/20/2015 [Insert ....................
Individual Emission Federal Register
Limitations. citation].
Section 116.717............. Implementation 7/31/2014 7/20/2015 [Insert ....................
Schedule for Federal Register
Additional Controls. citation].
Section 116.718............. Significant Emission 7/31/2014 7/20/2015 [Insert ....................
Increase. Federal Register
citation].
Section 116.720............. Limitation on 7/31/2014 7/20/2015 [Insert ....................
Physical and Federal Register
Operational Changes. citation].
Section 116.721............. Amendments and 7/31/2014 7/20/2015 [Insert ....................
Alterations. Federal Register
citation].

* * * * * * *
Section 116.740............. Public Notice and 7/31/2014 7/20/2015 [Insert SIP includes 30 TAC
Comment. Federal Register Section 116.740(a).
citation].
Section 116.750............. Flexible Permit Fee.. 7/31/2014 7/20/2015 [Insert ....................
Federal Register
citation].

* * * * * * *
Section 116.765............. Compliance Schedule.. 7/31/2014 7/20/2015 [Insert SIP includes 30 TAC
Federal Register Section 116.765(b)
citation]. and (c).

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-17472 Filed 7-17-15; 8:45 am]
BILLING CODE 6560-50-P

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