Approval and Promulgation of Implementation Plans; Texas; Revisions to Permitting and Public Participation for Air Quality Permit Applications, 21178-21181 [2018-09755]
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21178
Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations
EPA–APPROVED NEW JERSEY STATE REGULATIONS—Continued
State effective
date
State citation
Title/subject
Title 13, Chapter 20, Subchapter
26, Section 26.12.
Compliance with Diesel Emission
Standards and Equipment,
Periodic Inspection Program for
Diesel Emissions, and Self-Inspection of Certain Classes of
Motor Vehicles.
Compliance with Diesel Emission
Standards and Equipment,
Periodic Inspection Program for
Diesel Emissions, and Self-Inspection of Certain Classes of
Motor Vehicles.
Compliance with Diesel Emission
Standards and Equipment,
Periodic Inspection Program for
Diesel Emissions, and Self-Inspection of Certain Classes of
Motor Vehicles.
Title 13, Chapter 20, Subchapter
26, Section 26.16.
Title 13, Chapter 20, Subchapter
26, Section 26.17.
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*
Title 13, Chapter 20, Subchapter
32.
April 26, 2016
Title 13, Chapter 20, Subchapter
43.
Title 13, Chapter 20, Subchapter
44.
Private Inspection Facility Licensing.
*
*
*
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*
*
*
*
[FR Doc. 2018–09788 Filed 5–8–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0124; FRL–9976–95–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to Permitting and Public
Participation for Air Quality Permit
Applications
Environmental Protection
Agency (EPA).
AGENCY:
amozie on DSK3GDR082PROD with RULES
ACTION:
Final rule.
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving four revisions to the Texas
State Implementation Plan (SIP)
submitted on December 12, 2016 and
February 21, 2017, specific to air quality
SUMMARY:
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May 9, 2018, EPA approval finalized at [insert Federal Register
citation].
April 26, 2016
May 9, 2018, EPA approval finalized at [insert Federal Register
citation].
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May 9, 2018, EPA approval finalized at [insert Federal Register
citation].
April 26, 2016 May 9, 2018, EPA approval finalized at [insert Federal Register
citation].
April 26, 2016
April 26, 2016
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April 26, 2016
May 9, 2018, EPA approval finalized at [insert Federal Register
citation].
May 9, 2018, EPA approval finalized at [insert Federal Register
citation].
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permitting and public notice for air
quality permit applications.
DATES: This rule is effective on June 8,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2017–0124. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, 214–665–2115,
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
PO 00000
Comments
May 9, 2018, EPA approval finalized at [insert Federal Register
citation].
April 26, 2016
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Inspection Standards and Test
Procedures to be Used by Official Inspection Facilities.
Inspection Standards and Test
Procedures to be Used by Licensed Private Inspection Facilities.
Enhanced Motor Vehicle Inspection and Maintenance Program.
Title 13, Chapter 20, Subchapter
33.
EPA approval
date
Sfmt 4700
*
*
I. Background
The background for this action is
discussed in detail in our February 14,
2018, proposal (83 FR 6491). In that
document we proposed to approve four
revisions to the Texas SIP that revise the
New Source Review (NSR) permitting
and public notice requirements. We
received one supportive comment from
the Texas Commission on
Environmental Quality. We also
received six anonymous comments.1
These comments were not significant as
they did not raise relevant points which,
if adopted, would require a change in
the agency’s proposed rule. The EPA is
finalizing as proposed; no changes have
been made as a result of the comments
received.
II. Final Action
We are approving revisions to the
Texas SIP that revise the NSR
permitting and public notice
requirements. We have determined that
the revisions submitted on December
12, 2016 were developed in accordance
1 The comments are available in the docket for
this rulemaking.
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Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations
with the CAA and EPA’s regulations,
policy and guidance for NSR permitting.
Therefore, under section 110 of the Act,
the EPA approves the following
revisions to the Texas SIP:
• Repeal of 30 TAC Section 116.120—
Applicability—adopted on November 2,
2016, and submitted on December 12,
2016;
• Repeal of 30 TAC Section 116.121—
Exemptions—adopted on November 2,
2016, and submitted on December 12,
2016;
• Repeal of 30 TAC Section 116.122—
Contents of Compliance History—
adopted on November 2, 2016, and
submitted on December 12, 2016;
• Repeal of 30 TAC Section 116.123—
Effective Dates—adopted on November
2, 2016, and submitted on December 12,
2016;
• Repeal of 30 TAC Section 116.125—
Preservation of Existing Rights and
Procedures—adopted on November 2,
2016, and submitted on December 12,
2016; and
• Repeal of 30 TAC Section 116.126—
Voidance of Permit Applications—
adopted on November 2, 2016, and
submitted on December 12, 2016.
Additionally, we have determined
that the revisions submitted on February
21, 2017, were developed in accordance
with the CAA and EPA’s regulations,
policy and guidance for public notice
for air permitting. Under section 110 of
the Act, the EPA approves the following
revisions into the Texas SIP:
• Revisions to 30 TAC Section 39.405
adopted on December 9, 2015, and
submitted on February 21, 2017;
• Revisions to 30 TAC Section 39.411
adopted on December 7, 2016, and
submitted on February 21, 2017;
• Revisions to 30 TAC Section 39.419
adopted on December 9, 2015, and
submitted on February 21, 2017;
• Revisions to 30 TAC Section 39.603
adopted on December 7, 2016, and
submitted on February 21, 2017;
• Revisions to 30 TAC Section 55.152
adopted on December 7, 2016, and
submitted on February 21, 2017;
• Withdrawal of 30 TAC Section
55.156(e) from the Texas SIP as adopted
on December 9, 2015, and submitted on
February 21, 2017; and the
• Repeal of 30 TAC Sections
116.130—116.134, 116.136, and 116.137
from the Texas SIP as adopted on
November 2, 2016 and submitted on
February 21, 2017.
We also approve revisions to the
amendatory language at 40 CFR
52.2270(c) to identify specific
provisions adopted by the State not
submitted for inclusion in the Texas
SIP. We are revising the language at 40
CFR 52.2270(c) to clearly indicate that
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the Texas SIP does not include the
revisions to 30 TAC Sections
39.405(h)(1)(A) and 39.602(c) as
adopted on December 9, 2015, or 30
TAC Section 39.411(e)(10) as adopted
on December 7, 2016.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
revisions to the Texas regulations as
described in the Final Action section
above. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 6 Office (please contact Adina
Wiley for more information). Therefore,
these materials have been approved by
EPA for inclusion in the SIP, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.
IV. 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 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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21179
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 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 July 9, 2018.
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
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Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations
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).)
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
List of Subjects in 40 CFR Part 52
Authority: 42 U.S.C. 7401 et seq.
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Subpart SS—Texas
2. In § 52.2270(c), the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by:
■ a. Revising the entries for Sections
39.405, 39.411, 39.419, 39.602, 39.603,
55.152, and 55.156;
■ b. Adding an entry for Section
116.127 in numerical order under the
■
Dated: April 27, 2018.
Wren Stenger,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
heading ‘‘Division 1—Permit
Application’’;
■ c. Removing the heading ‘‘Division
2—Compliance History’’ and the entries
that follow for Sections 116.120,
116.121, 116.122, 116.123, 116.125,
116.126, and 116.127; and
■ d. Removing the heading ‘‘Division
3—Public Notice’’ and the entries that
follow for Sections 116.130, 116.131,
116.132, 116.133, 116.134, 116.136, and
116.137.
The revision and addition read as
follows:
§ 52.2270
*
Identification of plan.
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(c) * * *
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EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State
approval/
submittal
date
Title/subject
*
*
EPA approval date
*
Explanation
*
*
*
Chapter 39—Public Notice
Subchapter H—Applicability and General Provisions
*
Section 39.405 ...................
*
*
General Notice Provisions
*
*
12/9/2015 5/9/2018, [Insert Federal
Register citation].
*
*
SIP includes 39.405(f)(3) and (g), (h)(2)–
(h)(4), (h)(6), (h)(8)–(h)(11), (i) and (j)
as adopted on 12/9/2015.
SIP includes 39.405(h)(1)9A) as adopted
on 6/2/2010.
*
Section 39.411 ...................
*
*
Text of Public Notice .........
*
*
12/7/2016 5/9/2018, [Insert Federal
Register citation].
*
*
SIP includes 39.411(a), 39.411(e)(1)–
(4)(A)(i) and (iii), (4)(B), (e)(5) introductory paragraph, (e)(5)(A), (e)(5)(B),
(e)(6)–(9), (e)(11)(A)(i), (e)(11)(A)(iii),
(e)(11)(A)(iv), (e)(11)(B)–(F), (e)(13),
(e)(15), (e)(16), (f)(1)–(8), (g), and (h)
as adopted 12/7/2016.
SIP includes 39.411(e)(10) as adopted
on 3/26/2014.
*
Section 39.419 ...................
*
*
Notice of Application and
Preliminary Determination.
*
*
12/9/2015 5/9/2018, [Insert Federal
Register citation].
*
*
SIP includes 39.419(e) (e)(1) and (e)(2).
*
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*
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Subchapter K—Public Notice of Air Quality Applications
*
Section 39.602 ...................
*
*
Mailed Notice ....................
Section 39.603 ...................
Newspaper Notice .............
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6/2/2010 1/6/2014, 79 FR 551 .........
12/7/2016
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*
SIP does not include 39.602(c) adopted
on 12/9/2015.
5/9/2018, [Insert Federal
Register citation].
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Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
State
approval/
submittal
date
Title/subject
*
*
*
EPA approval date
*
Explanation
*
*
*
Chapter 55—Requests for Reconsideration and Contested Case Hearings; Public Comment
Subchapter E—Public Comment and Public Meetings
*
Section 55.152 ...................
*
*
Public Comment Period ....
*
*
12/7/2016 5/9/2018, [Insert Federal
Register citation].
*
*
SIP includes 55.152(a)(1), (a)(2), (a)(3),
(a)(6), (a)(7), and (b).
*
Section 55.156 ...................
*
*
Public Comment Processing.
*
*
12/9/2015 5/9/2018, [Insert FEDERAL
REGISTER citation].
*
*
SIP includes 55.156(a), (b), (c)(1), and
(g).
*
*
*
*
*
*
*
Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification
*
*
*
*
*
*
*
*
*
*
*
Subchapter B—New Source Review Permits
Division 1—Permit Application
*
Section 116.127 .................
*
*
*
*
*
Actual to Projected Actual
and Emission Exclusion
Test for Emissions.
*
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[FR Doc. 2018–09755 Filed 5–8–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 63
[WC Docket No. 17–84; FCC 17–154]
Accelerating Wireline Broadband
Deployment by Removing Barriers to
Infrastructure Investment
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s discontinuance rules.
This document is consistent with the
Accelerating Wireline Broadband
Deployment by Removing Barriers to
Infrastructure Investment Report and
Order, Declaratory Ruling, and Further
amozie on DSK3GDR082PROD with RULES
SUMMARY:
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2/9/2011 10/25/2012, 77 FR 65119
*
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Notice of Proposed Rulemaking, FCC
17–154, which stated that the
Commission would publish a document
in the Federal Register announcing the
effective date of those rules.
DATES: The amendment to 47 CFR
63.60(d)–(i) and 63.71(k) published at
82 FR 61453, December 28, 2017, is
effective on May 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Michele Levy Berlove, Attorney
Advisor, Wireline Competition Bureau,
at (202) 418–1477, or by email at
Michele.Berlove@fcc.gov. For additional
information concerning the Paperwork
Reduction Act information collection
requirements, contact Nicole Ongele at
(202) 418–2991 or nicole.ongele@
fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on May 1,
2018, OMB approved, for a period of
three years, the information collection
requirements relating to certain
discontinuance rules contained in the
Commission’s Accelerating Wireline
Broadband Deployment by Removing
Barriers to Infrastructure Investment
Report and Order, Declaratory Ruling,
and Further Notice of Proposed
PO 00000
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Sfmt 4700
Rulemaking, FCC 17–154, published at
82 FR 61453, December 28, 2017, as
specified above.
The OMB Control Number is 3060–
0149. The Commission publishes this
document as an announcement of the
effective date of the rules. If you have
any comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
any burdens caused thereby, please
contact Nicole Ongele, Federal
Communications Commission, Room 1–
A620, 445 12th Street SW, Washington,
DC 20554. Please include the OMB
Control Number, 3060–0149, in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
E:\FR\FM\09MYR1.SGM
09MYR1
]]>Agencies
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Rules and Regulations]
[Pages 21178-21181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09755]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0124; FRL-9976-95-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to Permitting and Public Participation for Air Quality Permit
Applications
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving four revisions to
the Texas State Implementation Plan (SIP) submitted on December 12,
2016 and February 21, 2017, specific to air quality permitting and
public notice for air quality permit applications.
DATES: This rule is effective on June 8, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2017-0124. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
February 14, 2018, proposal (83 FR 6491). In that document we proposed
to approve four revisions to the Texas SIP that revise the New Source
Review (NSR) permitting and public notice requirements. We received one
supportive comment from the Texas Commission on Environmental Quality.
We also received six anonymous comments.\1\ These comments were not
significant as they did not raise relevant points which, if adopted,
would require a change in the agency's proposed rule. The EPA is
finalizing as proposed; no changes have been made as a result of the
comments received.
---------------------------------------------------------------------------
\1\ The comments are available in the docket for this
rulemaking.
---------------------------------------------------------------------------
II. Final Action
We are approving revisions to the Texas SIP that revise the NSR
permitting and public notice requirements. We have determined that the
revisions submitted on December 12, 2016 were developed in accordance
[[Page 21179]]
with the CAA and EPA's regulations, policy and guidance for NSR
permitting. Therefore, under section 110 of the Act, the EPA approves
the following revisions to the Texas SIP:
Repeal of 30 TAC Section 116.120--Applicability--adopted
on November 2, 2016, and submitted on December 12, 2016;
Repeal of 30 TAC Section 116.121--Exemptions--adopted on
November 2, 2016, and submitted on December 12, 2016;
Repeal of 30 TAC Section 116.122--Contents of Compliance
History--adopted on November 2, 2016, and submitted on December 12,
2016;
Repeal of 30 TAC Section 116.123--Effective Dates--adopted
on November 2, 2016, and submitted on December 12, 2016;
Repeal of 30 TAC Section 116.125--Preservation of Existing
Rights and Procedures--adopted on November 2, 2016, and submitted on
December 12, 2016; and
Repeal of 30 TAC Section 116.126--Voidance of Permit
Applications--adopted on November 2, 2016, and submitted on December
12, 2016.
Additionally, we have determined that the revisions submitted on
February 21, 2017, were developed in accordance with the CAA and EPA's
regulations, policy and guidance for public notice for air permitting.
Under section 110 of the Act, the EPA approves the following revisions
into the Texas SIP:
Revisions to 30 TAC Section 39.405 adopted on December 9,
2015, and submitted on February 21, 2017;
Revisions to 30 TAC Section 39.411 adopted on December 7,
2016, and submitted on February 21, 2017;
Revisions to 30 TAC Section 39.419 adopted on December 9,
2015, and submitted on February 21, 2017;
Revisions to 30 TAC Section 39.603 adopted on December 7,
2016, and submitted on February 21, 2017;
Revisions to 30 TAC Section 55.152 adopted on December 7,
2016, and submitted on February 21, 2017;
Withdrawal of 30 TAC Section 55.156(e) from the Texas SIP
as adopted on December 9, 2015, and submitted on February 21, 2017; and
the
Repeal of 30 TAC Sections 116.130--116.134, 116.136, and
116.137 from the Texas SIP as adopted on November 2, 2016 and submitted
on February 21, 2017.
We also approve revisions to the amendatory language at 40 CFR
52.2270(c) to identify specific provisions adopted by the State not
submitted for inclusion in the Texas SIP. We are revising the language
at 40 CFR 52.2270(c) to clearly indicate that the Texas SIP does not
include the revisions to 30 TAC Sections 39.405(h)(1)(A) and 39.602(c)
as adopted on December 9, 2015, or 30 TAC Section 39.411(e)(10) as
adopted on December 7, 2016.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact Adina Wiley for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP compilation.
IV. 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 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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
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 July 9, 2018. 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
[[Page 21180]]
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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 27, 2018.
Wren Stenger,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270(c), the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended by:
0
a. Revising the entries for Sections 39.405, 39.411, 39.419, 39.602,
39.603, 55.152, and 55.156;
0
b. Adding an entry for Section 116.127 in numerical order under the
heading ``Division 1--Permit Application'';
0
c. Removing the heading ``Division 2--Compliance History'' and the
entries that follow for Sections 116.120, 116.121, 116.122, 116.123,
116.125, 116.126, and 116.127; and
0
d. Removing the heading ``Division 3--Public Notice'' and the entries
that follow for Sections 116.130, 116.131, 116.132, 116.133, 116.134,
116.136, and 116.137.
The revision and addition read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 39--Public Notice
----------------------------------------------------------------------------------------------------------------
Subchapter H--Applicability and General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 39.405................... General Notice 12/9/2015 5/9/2018, [Insert SIP includes
Provisions. Federal Register 39.405(f)(3) and
citation]. (g), (h)(2)-(h)(4),
(h)(6), (h)(8)-
(h)(11), (i) and
(j) as adopted on
12/9/2015.
SIP includes
39.405(h)(1)9A) as
adopted on 6/2/
2010.
* * * * * * *
Section 39.411................... Text of Public 12/7/2016 5/9/2018, [Insert SIP includes
Notice. Federal Register 39.411(a),
citation]. 39.411(e)(1)-(4)(A)
(i) and (iii),
(4)(B), (e)(5)
introductory
paragraph,
(e)(5)(A),
(e)(5)(B), (e)(6)-
(9), (e)(11)(A)(i),
(e)(11)(A)(iii),
(e)(11)(A)(iv),
(e)(11)(B)-(F),
(e)(13), (e)(15),
(e)(16), (f)(1)-
(8), (g), and (h)
as adopted 12/7/
2016.
SIP includes
39.411(e)(10) as
adopted on 3/26/
2014.
* * * * * * *
Section 39.419................... Notice of 12/9/2015 5/9/2018, [Insert SIP includes
Application and Federal Register 39.419(e) (e)(1)
Preliminary citation]. and (e)(2).
Determination.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter K--Public Notice of Air Quality Applications
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 39.602................... Mailed Notice....... 6/2/2010 1/6/2014, 79 FR 551. SIP does not include
39.602(c) adopted
on 12/9/2015.
Section 39.603................... Newspaper Notice.... 12/7/2016 5/9/2018, [Insert ....................
Federal Register
citation].
[[Page 21181]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 55--Requests for Reconsideration and Contested Case Hearings; Public Comment
----------------------------------------------------------------------------------------------------------------
Subchapter E--Public Comment and Public Meetings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 55.152................... Public Comment 12/7/2016 5/9/2018, [Insert SIP includes
Period. Federal Register 55.152(a)(1),
citation]. (a)(2), (a)(3),
(a)(6), (a)(7), and
(b).
* * * * * * *
Section 55.156................... Public Comment 12/9/2015 5/9/2018, [Insert SIP includes
Processing. Federal Register 55.156(a), (b),
citation]. (c)(1), and (g).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.127.................. Actual to Projected 2/9/2011 10/25/2012, 77 FR ....................
Actual and Emission 65119.
Exclusion Test for
Emissions.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-09755 Filed 5-8-18; 8:45 am]
BILLING CODE 6560-50-P
