Approval and Promulgation of Implementation Plans; Texas; Revisions to Emissions Banking and Trading Programs for Area and Mobile Sources, 26634-26638 [2017-11906]
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Proposed Rules
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Dated: June 1, 2017.
J.G. Lantz,
Senior Accountable Regulatory Official,
Director of Commercial Regulations and
Standards.
[FR Doc. 2017–11930 Filed 6–7–17; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2016–0464; FRL–9962–22–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the General Definitions
for Texas Air Quality Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to
approve revisions of the Texas State
Implementation Plan (SIP) pertaining to
EPA’s latest definition of volatile
organic compounds (VOC), aligning the
lead reporting threshold with the EPA’s
Annual Emissions Reporting Rule
(AERR), shortening the distance from
the shoreline for applicable offshore
sources to report an emission inventory,
and revising terminology and
definitions for clarity or consistency
with the EPA’s AERR. EPA is proposing
these actions under section 110 of the
CAA through a direct final rulemaking.
DATES: Written comments should be
received on or before July 10, 2017.
ADDRESSES: Submit your comments,
identified by EPA–R06–OAR–2016–
0464, at https://www.regulations.gov or
via email to Ms. Nevine Salem. For
additional information on how to
submit comments see the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Ms.
Nevine Salem, (214) 665–7222,
salem.nevine@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, the EPA is approving the
State’s SIP submittal as a direct rule
without prior proposal because the
Agency views this as noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action
no further activity is contemplated. If
the EPA receives relevant adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. The EPA will not
institute a second comment period. Any
parties interested in commenting on this
action should do so at this time.
SUMMARY:
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For additional information, see the
direct final rule which is located in the
rules section of this Federal Register.
Dated: May 24, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017–11902 Filed 6–7–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0192; FRL–9962–32–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to Emissions Banking and
Trading Programs for Area and Mobile
Sources
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve revisions to the
Texas State Implementation Plan (SIP)
Emissions Banking and Trading
Programs submitted for parallel
processing on March 10, 2017.
Specifically, we are proposing to
approve revisions that clarify and
expand the existing provisions for the
generation and use of emission credits
from area and mobile sources.
DATES: Written comments must be
received on or before July 10, 2017.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2017–0192, at https://
www.regulations.gov or via email to
wiley.adina@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
SUMMARY:
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contact Adina Wiley, 214–665–2115,
wiley.adina@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, 214–665–2115,
wiley.adina@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Adina Wiley or
Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
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A. CAA and SIPs
Section 110 of the CAA requires states
to develop and submit to the EPA a SIP
to ensure that state air quality meets the
National Ambient Air Quality Standards
(NAAQS). These ambient standards
currently address six criteria pollutants:
carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. Each federally-approved
SIP protects air quality primarily by
addressing air pollution at its point of
origin through air pollution regulations
and control strategies. The EPAapproved SIP regulations and control
strategies are federally enforceable.
The Texas SIP includes several
discretionary emissions trading
programs developed consistent with the
EPA’s Economic Incentive Program
(EIP) Guidance, that are designed to
promote flexibility and innovation in
complying with State and Federal air
emission requirements established in
the SIP and the SIP-approved air
permitting programs.1 This proposed
1 ‘‘Improving Air Quality with Economic
Incentive Programs’’ (EIP Guidance) (EPA–452/R–
01–001, January 2001) is the EPA guidance
document for reviewing and approving
discretionary EIP submittals. The EIP Guidance
applies to the establishment of a discretionary EIP
for attaining or maintaining the NAAQS for criteria
pollutants. The EIP Guidance supersedes and takes
precedence over the discretionary EIP guidance
provided in prior documents such as the 1994 EIP
(April 7, 1994, 59 FR 16690, 40 CFR part 51,
subpart U) and the guidance in the emission trading
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action will address revisions to two of
the Texas emissions trading programs—
the Texas Emission Credit (EC) and
Discrete Emission Credit (DEC)
Programs that were submitted to the
EPA on March 10, 2017, with a request
for parallel processing. The EPA is
proposing approval at the same time
that the Texas Commission on
Environmental Quality (TCEQ) is
completing the corresponding public
comment and rulemaking process at the
state level. The March 10, 2017, SIP
revision request will not be complete
and will not meet all the SIP
approvability criteria until the state
completes the public process and
submits the final, adopted SIP revision
with a letter from the Governor or
Governor’s designee to EPA. The EPA is
proposing to approve the SIP revision
request after completion of the state
public process and final submittal.
Please see the Technical Support
Document (TSD) accompanying this
rulemaking for an identification of the
specific sections impacted by this
proposed rulemaking.
B. Overview of the Texas Emissions
Banking and Trading Programs
1. The EC Program
The EC Program enacted at 30 Texas
Administrative Code (TAC) Chapter
101, Subchapter H, Division 1 allows
owners or operators of a facility or
mobile source to generate emission
credits by reducing emissions of criteria
pollutants or their precursors, with the
exception of lead, below any applicable
regulations or requirements. Emission
credits are generated and banked in
terms of rate (tons per year). The ECs
encompass reductions generated and
banked from stationary sources as
emission reduction credits (ERCs) or
generated and banked from mobile
sources as mobile emission reduction
credits (MERCs). The ECs from the bank
have traditionally been used as offsets
for the permitting of major new or
modified facilities in nonattainment
areas. ECs have also been banked and
traded for alternative compliance with
Reasonably Available Control
Technology (RACT) requirements. The
EPA initially approved the EC program
on September 6, 2006 (71 FR 52698)
with updates approved on May 18, 2010
(75 FR 27647). The EPA has taken a
separate action via a direct final
rulemaking to address the revisions to
the EC Program adopted on June 5, 2015
and submitted to the EPA as a SIP
policy statement (ETPS) (December 4, 1986, 51 FR
43813).
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revision on August 14, 2015. See 82 FR
21919, May 11, 2017.
On March 8, 2017, the TCEQ
Commissioners voted to propose for
adoption revisions to the EC Program
that clarify and augment the existing
regulations pertaining to the generation
and use of ECs from area and mobile
sources. The TCEQ submitted this
proposal package on March 10, 2017
with a request for parallel processing.
2. The DEC Program
The DEC Program enacted at 30 TAC
Chapter 101, Subchapter H, Division 4
allows an owner or operator of a facility
or mobile source to generate discrete
emission credits by reducing emissions
of criteria pollutants or their precursors,
with the exception of lead, below any
applicable regulation or requirement.
Discrete emission credits (DECs) are
quantified, banked and traded in terms
of mass (tons), not a rate as is the case
with ECs. DECs may be generated from
stationary sources and banked as
discrete emission reduction credits
(DERCs) or may be generated from
mobile sources and banked as mobile
discrete emission reduction credits
(MDERCs). Traditionally DECs have
been used for RACT compliance for
Volatile Organic Compounds (VOCs)
and nitrogen oxides (NOX); DECs can
also be used to offset new major sources
or major modifications to existing
sources in nonattainment areas. The
EPA initially approved the DEC Program
on September 6, 2006, with updates
approved on May 18, 2010 (75 FR
27644). The EPA is addressing, in a
separate direct final action, revisions to
the DEC program that were submitted
on December 22, 2008; May 14, 2013;
and August 14, 2015. See 82 FR 21919,
May 11, 2017.
On March 8, 2017, the TCEQ
Commissioners voted to propose for
adoption revisions to the DEC Program
that clarify and augment the existing
regulations pertaining to the generation
and use of DECs from area and mobile
sources. The TCEQ submitted this
proposal package on March 10, 2017
with a request for parallel processing.
II. The EPA’s Evaluation
Both the Texas EC and DEC SIP
programs contain existing language to
provide for the generation of emission
reductions from area and mobile
sources. The TCEQ is proposing
revisions to the existing regulations to
clarify the processes for area and mobile
source credit generation and
quantification in an effort to incentivize
increased utilization of the program.
The accompanying TSD for this action
includes a detailed analysis of the
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proposed revisions submitted for EPA’s
consideration for parallel processing.2
In many instances the revisions are
minor or non-substantive in nature and
do not change the intent of the original
SIP-approved EC or DEC programs.
Following is a summary of our analysis
for those revisions that we view as
substantive revisions to the existing SIPapproved programs.
A. Addressing Uncertainty in Area and
Mobile Source Emission Estimates
The area and mobile source
inventories used by TCEQ for
attainment planning are based on
emission estimates and models rather
than actual reported emissions data. To
reduce the uncertainty in the emission
estimates in the overall area and mobile
source inventories, the TCEQ is
proposing revisions to the definition of
‘‘State Implementation Plan (SIP)
emissions’’ at 30 TAC Sections
101.300(30) and 101.370(31) to discount
the overall area and mobile source pool
available for generating reductions; 75%
of the respective area source and nonroad mobile source emissions inventory
is eligible to generate emission
reductions, and 85% of the on-road
mobile source emissions inventory is
eligible to generate emission reductions.
The TCEQ is also proposing at 30 TAC
Sections 101.303(b), 101.304(b),
101.373(b), and 101.374(b) that the
emission and activity rates used to
determine the historical adjusted
emissions for area and mobile source
generation strategies will be determined
from two consecutive years from the
past five years. The lookback window
may be extended up to 10 years if the
source has detailed operational records
to demonstrate the actual emissions.
The EPA proposes that the overall
reduction factor in the area and mobile
source inventories available for credit
generation is appropriate and
approvable. We also propose that
limiting the lookback window to five
years, with the ability to extend up to
10 years if detailed operational records
are available, is appropriate and
approvable. In both instances, the TCEQ
has identified an area of uncertainty and
presented a reasonable method for
mitigating the uncertainty and ensuring
the credits generated under the EC and
DEC programs represent real reductions
that will benefit the airshed. Restricting
the lookback window to five years
addresses the differences in emission
estimations used for area and mobile
sources and the reported actual
2 The accompanying Technical Support
Document is available in the rulemaking docket,
EPA–R06–OAR–2017–0192.
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emissions in the point source universe.
The option to extend the lookback
window up to 10 years for detailed
operational records will also encourage
and incentivize more detailed emissions
monitoring and recordkeeping for area
and mobile sources.
B. Limiting the Sources and Strategies
Eligible for Generating ECs or DECs
The TCEQ has submitted proposed
revisions to the General Provisions of
the EC and DEC programs at 30 TAC
Sections 101.302(c) and 101.372(c) to
identify the source categories ineligible
for generating ECs or DECs. Examples of
ineligible source categories include
residential area sources and on-road
mobile sources that are not part of an
industrial, commercial, nonprofit,
institutional, or municipal/government
fleet. Additionally, the TCEQ has
proposed at 30 TAC Section
101.303(a)(2)(D) that ERCs may not be
generated from shutdowns of specific
types of inelastic area sources that are
driven by population demands.3 A list
of inelastic area sources will be
maintained by the TCEQ on the agency
Web site; the TCEQ has proposed a
methodology where any person can
petition the TCEQ Executive Director to
add or remove source categories from
the list.
The EPA proposes to find that the
TCEQ has appropriately revised the EC
and DEC programs to identify the
sources and types of emission reduction
strategies eligible for participation
within the programs. The TCEQ has
proposed to limit the eligible source
categories to those where the sources
have required established emissions
monitoring and recordkeeping
provisions and the TCEQ has the
authority to ensure the reductions will
be federally enforceable and permanent,
as applicable, through construction
permits or other certifications. These
limits will ensure that the emission
reductions generated are real,
quantifiable, surplus, and permanent as
required by the Texas SIP.
The exclusion of shutdowns from
inelastic area sources is an appropriate
method to prevent demand shifting—an
outcome where one inelastic source (for
example, a dry cleaner or gas station)
will shut down and the same type of
source will open down the street based
on population needs and economic
3 Inelastic is an economic term used to describe
when the supply and demand for a good or service
is independent of the price. In the context of the
proposed Texas rules, an inelastic area source is a
source that will exist regardless of economic factors.
Gas stations and dry cleaners are examples of
inelastic area sources because the population will
demand these services regardless of price.
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considerations. There is no net
reduction in emissions in this scenario;
by prohibiting inelastic area source
shutdowns from generating reductions
the TCEQ is protecting the airshed by
ensuring generated and banked ERCs
will be real, permanent and surplus.
The proposed methodology for
developing and maintaining the
inelastic area source category list is also
approvable; the proposed methodology
provides a replicable mechanism for
public input.
C. Addressing Uncertainty in the Area
and Mobile Source Generation Strategy
The TCEQ is proposing additional
adjustment factors to address
uncertainty in credit generation and
quantification at 30 TAC Sections
101.303(c), 101.304(c), 101.372(c) and
101.374(c). For emission reductions
from the shutdown of area or mobile
sources, the TCEQ is proposing that the
amount of ECs or MDERCs will be
reduced by 15%. For emission
reductions of area or mobile sources
using alternative methods for emissions
quantifications, the TCEQ is proposing
that the amount of ECs or DECs will be
reduced by 15%. If the source is subject
to both adjustment factors, the TCEQ
proposes the total combined reduction
will be 20%.
The EPA proposes to find that the
proposed adjustment factors applied to
credit generation and certification are
approvable. The adjustment factor
applied for the shutdown of area or
mobile sources will mitigate the
possibility of unanticipated demand
shifting. The adjustment factor applied
for alternative methods of emissions
quantification will address the
uncertainty associated with emission
estimation techniques and could serve
to incentivize the use of more robust
emissions monitoring and reporting
consistent with point source
requirements. These adjustment factors
will help ensure that the TCEQ certifies
emission reductions that are real,
surplus, quantifiable, and permanent as
required by the CAA and the Texas SIP.
D. Exceptions to Application Deadlines
and Emission Credit Lifetimes
The Texas SIP currently provides that
ECs will have a lifetime of 60 months
(5 years) from the date of the emission
reduction, see 30 TAC Section
101.309(b). The TCEQ has proposed
limited exceptions to the EC application
deadline and credit lifetimes at 30 TAC
Sections 101.303(d) and 101.304(e). The
TCEQ has demonstrated that the
extended application deadlines and
credit lifetimes would apply to a small
subset of the potential EC population for
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a specified time period. These
extensions in lifetime are proposed to
assist in program implementation,
incentivize expeditious plugging of oil
and gas wells, and to equitably process
the EC applications submitted during
the stakeholder and rule development
process. Each of the applications with
the extended lifetime will be processed
by the TCEQ in accordance with the
proposed regulations; the TCEQ will
apply the overall discount to the area or
mobile source inventories and apply the
adjustment factors to address
uncertainty in the emission estimations
and unanticipated activity shifting. The
TCEQ also has existing SIP-authority at
30 TAC Section 101.302(g), proposed to
be renumbered as 101.302(i), to require
recordkeeping beyond the nominal 5
year lifetime of the EC. In its preamble
to the proposed state rule, the TCEQ
interprets this existing SIP-authority to
require recordkeeping for the entirety of
the extended EC lifetime and states this
requirement would be annotated in the
federally enforceable certification
paperwork required by the TCEQ
executive director; thereby ensuring that
the recordkeeping for the ECs with the
extended lifetime continues to satisfy
the CAA and the Texas SIP.4 The
proposed limited exceptions to the EC
application deadline and credit
lifetimes at 30 TAC Sections 101.303(d)
and 101.304(e) are approvable. We are
making a preliminary finding that the
TCEQ has appropriately defined the
scope of the EC program and has the
authority to require recordkeeping for
the life of the generated ECs to ensure
compliance with the CAA and the Texas
SIP.
E. Clarification of the DEC Program To
Provide for the Generation of MDERCs
From Shutdowns
The TCEQ is proposing to clarify the
existing SIP-approved language for
MDERC generation at 30 TAC Section
101.374(c)(1) to explicitly provide for
the generation of MDERCs from
shutdowns, including permanent
shutdowns and temporary curtailments
of activity from a mobile source. The
TCEQ must still review each MDERC
generated from a shutdown to determine
whether the reduction is real,
quantifiable, surplus and enforceable
before certifying the reduction,
consistent with the Texas SIP and the
CAA.
The EPA is proposing to approve the
clarification of the MDERC generation
language to provide for generation of
credits from mobile source shutdowns.
Sources have traditionally not availed
4 See
42 TexReg 1340, March 24, 2017.
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themselves of the current SIP provisions
for generating MDERCs, therefore any
generation of emission reductions
(including those from the shutdown of
mobile sources) would likely be
considered innovative and novel. The
DEC program is an open market trading
program designed to promote creative
and innovative emission strategies. We
believe that emission reduction
strategies for the shutdown of mobile
sources is consistent with the intent of
the EIP because these strategies could
result in a benefit to the specific airshed
and promote and incentivize mobile
source reductions. The emission
adjustment factor of 15% proposed by
the TCEQ will address any uncertainties
associated with the generation of
MDERCs from shutdowns or concerns
about activity shifting, further ensuring
that the reduction strategies generate
real, enforceable and surplus
reductions.
F. Analysis Under Section 110(l) of the
CAA
Our analysis indicates that the March
8, 2017 regulations proposed for
adoption by TCEQ have been developed
in accordance with the CAA and
submitted on March 10, 2017 with a
request for parallel processing. The
Texas EC and DEC programs are SIPapproved programs that provide for
compliance flexibility and generation
and use of emission credits in the SIPapproved nonattainment New Source
Review permitting program. The
proposed revisions to the EC and DEC
programs further clarify and update the
existing programs specific to the
generation and use of emission
reductions from area and mobile
sources. These submitted proposed
revisions do not change the
fundamental premise or structure of the
approved programs. Therefore, we find
that the proposed revisions to the EC
and DEC programs will not interfere
with attainment, reasonable further
progress or any other applicable
requirements of the Act.
III. Proposed Action
The EPA has made the preliminary
determination that the March 10, 2017,
proposed revisions to the Texas SIP and
request for parallel processing are in
accordance with the CAA and
consistent with the CAA and the EPA’s
policy and guidance on emissions
trading. Therefore, under section 110 of
the Act, the EPA proposes to approve
the following revisions to the Texas SIP
that were proposed for adoption on
March 8, 2017 and submitted for
parallel processing on March 10, 2017:
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• Revisions to 30 TAC Section
101.300;
• Revisions to 30 TAC Section
101.302;
• Revisions to 30 TAC Section
101.303;
• Revisions to 30 TAC Section
101.304;
• Revisions to 30 TAC Section
101.306;
• Revisions to 30 TAC Section
101.370;
• Revisions to 30 TAC Section
101.372;
• Revisions to 30 TAC Section
101.373;
• Revisions to 30 TAC Section
101.374; and
• Revisions to 30 TAC Section
101.376.
The EPA is proposing this action in
parallel with the state’s rulemaking
process. We cannot take a final action
until the state completes its rulemaking
process, adopts its final regulations, and
submits these final adopted regulations
as a revision to the Texas SIP. If during
the response to comments process, the
state rule is changed significantly from
the proposed rule and the rule upon
which the EPA proposed, the EPA may
have to withdraw our initial proposed
rule and repropose based on the final
SIP submittal.
IV. Incorporation by Reference
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
revisions to the Texas regulations as
described in the Proposed 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.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
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 proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
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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
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 proposed 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).
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 24, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017–11906 Filed 6–7–17; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:21 Jun 07, 2017
Jkt 241001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0193; FRL–9963–61–
Region 10]
Attainment Date Extensions for the
Logan, Utah-Idaho 24-Hour Fine
Particulate Matter Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to grant two,
one-year extensions to the Moderate
attainment date for the 2006 24-hour
fine particulate matter (PM2.5) Logan,
Utah (UT)-Idaho (ID) nonattainment
area. This action is based on the EPA’s
evaluation of air quality monitoring data
and extension requests submitted by the
State of Utah on May 2, 2017, and the
State of Idaho on December 15, 2015,
February 26, 2016, and April 25, 2017.
The EPA is proposing to grant a oneyear extension of the Moderate
attainment date from December 31, 2015
to December 31, 2016, and is proposing
to grant a second one-year extension of
the Moderate attainment date from
December 31, 2016 to December 31,
2017, in accordance with section 188(d)
of the Clean Air Act (CAA).
DATES: Written comments must be
received on or before July 10, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2017–0193 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to the public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information, the disclosure of which is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
SUMMARY:
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
Jeff
Hunt, Air Planning Unit, Office of Air
and Waste (OAW–150), Environmental
Protection Agency, Region 10, 1200
Sixth Ave., Suite 900, Seattle, WA
98101; telephone number: (206) 553–
0256; email address: hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
We have provided a full explanation
of this proposed action in a companion
proposal for the Utah portion of the
Logan, UT-ID nonattainment area under
docket number EPA–R08–OAR–2017–
0216. Specifically, in section II.
Background and III. Basis for EPA’s
Proposed Action, we provide an
explanation of the CAA requirements, a
detailed analysis of the air quality
monitoring data, and the EPA’s reasons
for proposing to grant two, one-year
extensions to the Moderate attainment
date for the Logan, UT-ID nonattainment
area as a whole. That background and
analysis applies equally to both the
Utah and Idaho portions of the Logan,
UT-ID nonattainment area, so the
information in the companion proposal
is incorporated by reference into this
proposal and will not be restated here.
II. Proposed Action
In response to requests from the
Governor of Utah on May 2, 2017, and
from the Idaho Department of
Environmental Quality (IDEQ) on
December 15, 2015, February 26, 2016,
and April 25, 2017, the EPA is
proposing to grant two, one-year
attainment date extensions to the
Moderate attainment date for the 2006
24-hour PM2.5 National Ambient Air
Quality Standards (NAAQS) for the
Logan, UT-ID nonattainment area. If
finalized, this action would extend the
Moderate area attainment date for the
Logan, UT-ID nonattainment area from
December 31, 2015 to December 31,
2016, and from December 31, 2016 to
December 31, 2017. The proposed
action to extend the Moderate
attainment date for this nonattainment
area is based on both states’ compliance
with the requirements for the applicable
State Implementation Plan (SIP) for the
area and on the 2015 and 2016 PM2.5
98th percentile data from the Logan
(Utah), Smithfield (Utah), and Franklin
(Idaho) monitoring sites in the Logan,
UT-ID nonattainment area. If we finalize
this proposal, consistent with CAA
section 188(d) and 40 CFR 51.1005(a)(1),
the nonattainment area will remain a
Moderate PM2.5 nonattainment area,
with a Moderate area attainment date of
December 31, 2017. Additionally, the
states will not have to submit the
additional planning requirements that
E:\FR\FM\08JNP1.SGM
08JNP1
Agencies
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Proposed Rules]
[Pages 26634-26638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11906]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0192; FRL-9962-32-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to Emissions Banking and Trading Programs for Area and Mobile
Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve revisions
to the Texas State Implementation Plan (SIP) Emissions Banking and
Trading Programs submitted for parallel processing on March 10, 2017.
Specifically, we are proposing to approve revisions that clarify and
expand the existing provisions for the generation and use of emission
credits from area and mobile sources.
DATES: Written comments must be received on or before July 10, 2017.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0192, at https://www.regulations.gov or via email to
wiley.adina@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please
[[Page 26635]]
contact Adina Wiley, 214-665-2115, wiley.adina@epa.gov. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115,
wiley.adina@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214-
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
A. CAA and SIPs
Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets the National Ambient
Air Quality Standards (NAAQS). These ambient standards currently
address six criteria pollutants: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide. Each federally-
approved SIP protects air quality primarily by addressing air pollution
at its point of origin through air pollution regulations and control
strategies. The EPA-approved SIP regulations and control strategies are
federally enforceable.
The Texas SIP includes several discretionary emissions trading
programs developed consistent with the EPA's Economic Incentive Program
(EIP) Guidance, that are designed to promote flexibility and innovation
in complying with State and Federal air emission requirements
established in the SIP and the SIP-approved air permitting programs.\1\
This proposed action will address revisions to two of the Texas
emissions trading programs--the Texas Emission Credit (EC) and Discrete
Emission Credit (DEC) Programs that were submitted to the EPA on March
10, 2017, with a request for parallel processing. The EPA is proposing
approval at the same time that the Texas Commission on Environmental
Quality (TCEQ) is completing the corresponding public comment and
rulemaking process at the state level. The March 10, 2017, SIP revision
request will not be complete and will not meet all the SIP
approvability criteria until the state completes the public process and
submits the final, adopted SIP revision with a letter from the Governor
or Governor's designee to EPA. The EPA is proposing to approve the SIP
revision request after completion of the state public process and final
submittal. Please see the Technical Support Document (TSD) accompanying
this rulemaking for an identification of the specific sections impacted
by this proposed rulemaking.
---------------------------------------------------------------------------
\1\ ``Improving Air Quality with Economic Incentive Programs''
(EIP Guidance) (EPA-452/R-01-001, January 2001) is the EPA guidance
document for reviewing and approving discretionary EIP submittals.
The EIP Guidance applies to the establishment of a discretionary EIP
for attaining or maintaining the NAAQS for criteria pollutants. The
EIP Guidance supersedes and takes precedence over the discretionary
EIP guidance provided in prior documents such as the 1994 EIP (April
7, 1994, 59 FR 16690, 40 CFR part 51, subpart U) and the guidance in
the emission trading policy statement (ETPS) (December 4, 1986, 51
FR 43813).
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B. Overview of the Texas Emissions Banking and Trading Programs
1. The EC Program
The EC Program enacted at 30 Texas Administrative Code (TAC)
Chapter 101, Subchapter H, Division 1 allows owners or operators of a
facility or mobile source to generate emission credits by reducing
emissions of criteria pollutants or their precursors, with the
exception of lead, below any applicable regulations or requirements.
Emission credits are generated and banked in terms of rate (tons per
year). The ECs encompass reductions generated and banked from
stationary sources as emission reduction credits (ERCs) or generated
and banked from mobile sources as mobile emission reduction credits
(MERCs). The ECs from the bank have traditionally been used as offsets
for the permitting of major new or modified facilities in nonattainment
areas. ECs have also been banked and traded for alternative compliance
with Reasonably Available Control Technology (RACT) requirements. The
EPA initially approved the EC program on September 6, 2006 (71 FR
52698) with updates approved on May 18, 2010 (75 FR 27647). The EPA has
taken a separate action via a direct final rulemaking to address the
revisions to the EC Program adopted on June 5, 2015 and submitted to
the EPA as a SIP revision on August 14, 2015. See 82 FR 21919, May 11,
2017.
On March 8, 2017, the TCEQ Commissioners voted to propose for
adoption revisions to the EC Program that clarify and augment the
existing regulations pertaining to the generation and use of ECs from
area and mobile sources. The TCEQ submitted this proposal package on
March 10, 2017 with a request for parallel processing.
2. The DEC Program
The DEC Program enacted at 30 TAC Chapter 101, Subchapter H,
Division 4 allows an owner or operator of a facility or mobile source
to generate discrete emission credits by reducing emissions of criteria
pollutants or their precursors, with the exception of lead, below any
applicable regulation or requirement. Discrete emission credits (DECs)
are quantified, banked and traded in terms of mass (tons), not a rate
as is the case with ECs. DECs may be generated from stationary sources
and banked as discrete emission reduction credits (DERCs) or may be
generated from mobile sources and banked as mobile discrete emission
reduction credits (MDERCs). Traditionally DECs have been used for RACT
compliance for Volatile Organic Compounds (VOCs) and nitrogen oxides
(NOX); DECs can also be used to offset new major sources or
major modifications to existing sources in nonattainment areas. The EPA
initially approved the DEC Program on September 6, 2006, with updates
approved on May 18, 2010 (75 FR 27644). The EPA is addressing, in a
separate direct final action, revisions to the DEC program that were
submitted on December 22, 2008; May 14, 2013; and August 14, 2015. See
82 FR 21919, May 11, 2017.
On March 8, 2017, the TCEQ Commissioners voted to propose for
adoption revisions to the DEC Program that clarify and augment the
existing regulations pertaining to the generation and use of DECs from
area and mobile sources. The TCEQ submitted this proposal package on
March 10, 2017 with a request for parallel processing.
II. The EPA's Evaluation
Both the Texas EC and DEC SIP programs contain existing language to
provide for the generation of emission reductions from area and mobile
sources. The TCEQ is proposing revisions to the existing regulations to
clarify the processes for area and mobile source credit generation and
quantification in an effort to incentivize increased utilization of the
program. The accompanying TSD for this action includes a detailed
analysis of the
[[Page 26636]]
proposed revisions submitted for EPA's consideration for parallel
processing.\2\ In many instances the revisions are minor or non-
substantive in nature and do not change the intent of the original SIP-
approved EC or DEC programs. Following is a summary of our analysis for
those revisions that we view as substantive revisions to the existing
SIP-approved programs.
---------------------------------------------------------------------------
\2\ The accompanying Technical Support Document is available in
the rulemaking docket, EPA-R06-OAR-2017-0192.
---------------------------------------------------------------------------
A. Addressing Uncertainty in Area and Mobile Source Emission Estimates
The area and mobile source inventories used by TCEQ for attainment
planning are based on emission estimates and models rather than actual
reported emissions data. To reduce the uncertainty in the emission
estimates in the overall area and mobile source inventories, the TCEQ
is proposing revisions to the definition of ``State Implementation Plan
(SIP) emissions'' at 30 TAC Sections 101.300(30) and 101.370(31) to
discount the overall area and mobile source pool available for
generating reductions; 75% of the respective area source and non-road
mobile source emissions inventory is eligible to generate emission
reductions, and 85% of the on-road mobile source emissions inventory is
eligible to generate emission reductions. The TCEQ is also proposing at
30 TAC Sections 101.303(b), 101.304(b), 101.373(b), and 101.374(b) that
the emission and activity rates used to determine the historical
adjusted emissions for area and mobile source generation strategies
will be determined from two consecutive years from the past five years.
The lookback window may be extended up to 10 years if the source has
detailed operational records to demonstrate the actual emissions.
The EPA proposes that the overall reduction factor in the area and
mobile source inventories available for credit generation is
appropriate and approvable. We also propose that limiting the lookback
window to five years, with the ability to extend up to 10 years if
detailed operational records are available, is appropriate and
approvable. In both instances, the TCEQ has identified an area of
uncertainty and presented a reasonable method for mitigating the
uncertainty and ensuring the credits generated under the EC and DEC
programs represent real reductions that will benefit the airshed.
Restricting the lookback window to five years addresses the differences
in emission estimations used for area and mobile sources and the
reported actual emissions in the point source universe. The option to
extend the lookback window up to 10 years for detailed operational
records will also encourage and incentivize more detailed emissions
monitoring and recordkeeping for area and mobile sources.
B. Limiting the Sources and Strategies Eligible for Generating ECs or
DECs
The TCEQ has submitted proposed revisions to the General Provisions
of the EC and DEC programs at 30 TAC Sections 101.302(c) and 101.372(c)
to identify the source categories ineligible for generating ECs or
DECs. Examples of ineligible source categories include residential area
sources and on-road mobile sources that are not part of an industrial,
commercial, nonprofit, institutional, or municipal/government fleet.
Additionally, the TCEQ has proposed at 30 TAC Section 101.303(a)(2)(D)
that ERCs may not be generated from shutdowns of specific types of
inelastic area sources that are driven by population demands.\3\ A list
of inelastic area sources will be maintained by the TCEQ on the agency
Web site; the TCEQ has proposed a methodology where any person can
petition the TCEQ Executive Director to add or remove source categories
from the list.
---------------------------------------------------------------------------
\3\ Inelastic is an economic term used to describe when the
supply and demand for a good or service is independent of the price.
In the context of the proposed Texas rules, an inelastic area source
is a source that will exist regardless of economic factors. Gas
stations and dry cleaners are examples of inelastic area sources
because the population will demand these services regardless of
price.
---------------------------------------------------------------------------
The EPA proposes to find that the TCEQ has appropriately revised
the EC and DEC programs to identify the sources and types of emission
reduction strategies eligible for participation within the programs.
The TCEQ has proposed to limit the eligible source categories to those
where the sources have required established emissions monitoring and
recordkeeping provisions and the TCEQ has the authority to ensure the
reductions will be federally enforceable and permanent, as applicable,
through construction permits or other certifications. These limits will
ensure that the emission reductions generated are real, quantifiable,
surplus, and permanent as required by the Texas SIP.
The exclusion of shutdowns from inelastic area sources is an
appropriate method to prevent demand shifting--an outcome where one
inelastic source (for example, a dry cleaner or gas station) will shut
down and the same type of source will open down the street based on
population needs and economic considerations. There is no net reduction
in emissions in this scenario; by prohibiting inelastic area source
shutdowns from generating reductions the TCEQ is protecting the airshed
by ensuring generated and banked ERCs will be real, permanent and
surplus. The proposed methodology for developing and maintaining the
inelastic area source category list is also approvable; the proposed
methodology provides a replicable mechanism for public input.
C. Addressing Uncertainty in the Area and Mobile Source Generation
Strategy
The TCEQ is proposing additional adjustment factors to address
uncertainty in credit generation and quantification at 30 TAC Sections
101.303(c), 101.304(c), 101.372(c) and 101.374(c). For emission
reductions from the shutdown of area or mobile sources, the TCEQ is
proposing that the amount of ECs or MDERCs will be reduced by 15%. For
emission reductions of area or mobile sources using alternative methods
for emissions quantifications, the TCEQ is proposing that the amount of
ECs or DECs will be reduced by 15%. If the source is subject to both
adjustment factors, the TCEQ proposes the total combined reduction will
be 20%.
The EPA proposes to find that the proposed adjustment factors
applied to credit generation and certification are approvable. The
adjustment factor applied for the shutdown of area or mobile sources
will mitigate the possibility of unanticipated demand shifting. The
adjustment factor applied for alternative methods of emissions
quantification will address the uncertainty associated with emission
estimation techniques and could serve to incentivize the use of more
robust emissions monitoring and reporting consistent with point source
requirements. These adjustment factors will help ensure that the TCEQ
certifies emission reductions that are real, surplus, quantifiable, and
permanent as required by the CAA and the Texas SIP.
D. Exceptions to Application Deadlines and Emission Credit Lifetimes
The Texas SIP currently provides that ECs will have a lifetime of
60 months (5 years) from the date of the emission reduction, see 30 TAC
Section 101.309(b). The TCEQ has proposed limited exceptions to the EC
application deadline and credit lifetimes at 30 TAC Sections 101.303(d)
and 101.304(e). The TCEQ has demonstrated that the extended application
deadlines and credit lifetimes would apply to a small subset of the
potential EC population for
[[Page 26637]]
a specified time period. These extensions in lifetime are proposed to
assist in program implementation, incentivize expeditious plugging of
oil and gas wells, and to equitably process the EC applications
submitted during the stakeholder and rule development process. Each of
the applications with the extended lifetime will be processed by the
TCEQ in accordance with the proposed regulations; the TCEQ will apply
the overall discount to the area or mobile source inventories and apply
the adjustment factors to address uncertainty in the emission
estimations and unanticipated activity shifting. The TCEQ also has
existing SIP-authority at 30 TAC Section 101.302(g), proposed to be
renumbered as 101.302(i), to require recordkeeping beyond the nominal 5
year lifetime of the EC. In its preamble to the proposed state rule,
the TCEQ interprets this existing SIP-authority to require
recordkeeping for the entirety of the extended EC lifetime and states
this requirement would be annotated in the federally enforceable
certification paperwork required by the TCEQ executive director;
thereby ensuring that the recordkeeping for the ECs with the extended
lifetime continues to satisfy the CAA and the Texas SIP.\4\ The
proposed limited exceptions to the EC application deadline and credit
lifetimes at 30 TAC Sections 101.303(d) and 101.304(e) are approvable.
We are making a preliminary finding that the TCEQ has appropriately
defined the scope of the EC program and has the authority to require
recordkeeping for the life of the generated ECs to ensure compliance
with the CAA and the Texas SIP.
---------------------------------------------------------------------------
\4\ See 42 TexReg 1340, March 24, 2017.
---------------------------------------------------------------------------
E. Clarification of the DEC Program To Provide for the Generation of
MDERCs From Shutdowns
The TCEQ is proposing to clarify the existing SIP-approved language
for MDERC generation at 30 TAC Section 101.374(c)(1) to explicitly
provide for the generation of MDERCs from shutdowns, including
permanent shutdowns and temporary curtailments of activity from a
mobile source. The TCEQ must still review each MDERC generated from a
shutdown to determine whether the reduction is real, quantifiable,
surplus and enforceable before certifying the reduction, consistent
with the Texas SIP and the CAA.
The EPA is proposing to approve the clarification of the MDERC
generation language to provide for generation of credits from mobile
source shutdowns. Sources have traditionally not availed themselves of
the current SIP provisions for generating MDERCs, therefore any
generation of emission reductions (including those from the shutdown of
mobile sources) would likely be considered innovative and novel. The
DEC program is an open market trading program designed to promote
creative and innovative emission strategies. We believe that emission
reduction strategies for the shutdown of mobile sources is consistent
with the intent of the EIP because these strategies could result in a
benefit to the specific airshed and promote and incentivize mobile
source reductions. The emission adjustment factor of 15% proposed by
the TCEQ will address any uncertainties associated with the generation
of MDERCs from shutdowns or concerns about activity shifting, further
ensuring that the reduction strategies generate real, enforceable and
surplus reductions.
F. Analysis Under Section 110(l) of the CAA
Our analysis indicates that the March 8, 2017 regulations proposed
for adoption by TCEQ have been developed in accordance with the CAA and
submitted on March 10, 2017 with a request for parallel processing. The
Texas EC and DEC programs are SIP-approved programs that provide for
compliance flexibility and generation and use of emission credits in
the SIP-approved nonattainment New Source Review permitting program.
The proposed revisions to the EC and DEC programs further clarify and
update the existing programs specific to the generation and use of
emission reductions from area and mobile sources. These submitted
proposed revisions do not change the fundamental premise or structure
of the approved programs. Therefore, we find that the proposed
revisions to the EC and DEC programs will not interfere with
attainment, reasonable further progress or any other applicable
requirements of the Act.
III. Proposed Action
The EPA has made the preliminary determination that the March 10,
2017, proposed revisions to the Texas SIP and request for parallel
processing are in accordance with the CAA and consistent with the CAA
and the EPA's policy and guidance on emissions trading. Therefore,
under section 110 of the Act, the EPA proposes to approve the following
revisions to the Texas SIP that were proposed for adoption on March 8,
2017 and submitted for parallel processing on March 10, 2017:
Revisions to 30 TAC Section 101.300;
Revisions to 30 TAC Section 101.302;
Revisions to 30 TAC Section 101.303;
Revisions to 30 TAC Section 101.304;
Revisions to 30 TAC Section 101.306;
Revisions to 30 TAC Section 101.370;
Revisions to 30 TAC Section 101.372;
Revisions to 30 TAC Section 101.373;
Revisions to 30 TAC Section 101.374; and
Revisions to 30 TAC Section 101.376.
The EPA is proposing this action in parallel with the state's
rulemaking process. We cannot take a final action until the state
completes its rulemaking process, adopts its final regulations, and
submits these final adopted regulations as a revision to the Texas SIP.
If during the response to comments process, the state rule is changed
significantly from the proposed rule and the rule upon which the EPA
proposed, the EPA may have to withdraw our initial proposed rule and
repropose based on the final SIP submittal.
IV. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Texas regulations as described in the
Proposed 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.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under
[[Page 26638]]
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 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 proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 24, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-11906 Filed 6-7-17; 8:45 am]
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