Air Plan Approval; Texas; Revisions to Control of Air Pollution by Permits for New Construction or Modification, 8185-8188 [2020-02054]
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Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Rules and Regulations
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4. Section 52.248 is amended by
adding paragraph (i) to read as follows:
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§ 52.248 Identification of plan—conditional
approval.
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(i) The EPA is conditionally
approving a portion of the California SIP
revision submitted on November 14,
2017 demonstrating that control
measures in the Imperial County Air
Pollution Control District implement
RACT for the 2008 8-hour National
Ambient Air Quality Standards. The
conditional approval is based on a
commitment from the state to submit
new or revised rules that will correct
deficiencies in Rule 415, Transfer and
Storage of Gasoline to establish RACTlevel controls for sources covered by the
Control Techniques Guidelines source
category Control of Hydrocarbons from
Tank Truck Gasoline Loading Terminals
(EPA–450/2–77–026). If the State fails to
meet it commitment by one year from
the date of this conditional approval,
the conditional approval is treated as a
disapproval.
[FR Doc. 2020–00780 Filed 2–12–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2019–0043; FRL–10004–
67–Region 6]
Air Plan Approval; Texas; Revisions to
Control of Air Pollution by Permits for
New Construction or Modification
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the United
States Environmental Protection Agency
(U.S. EPA) is finalizing approval of
revisions to the Texas (TX) State
Implementation Plan (SIP) submitted on
February 22, 2019, that revised the
State’s New Source Review (NSR)
permitting rules contained in Title 30 of
the Texas Administrative Code (TAC)
Chapter 116 Control of Air Pollution by
Air Permits for New Construction or
Modification. Our final action on the
February 22, 2019, submittal also
addresses portions of an April 16, 2014,
SIP submittal pertaining to the
permitting of Greenhouse Gas (GHG)
emissions that were subsequently
invalidated by the U.S. Supreme Court.
The February 22, 2019, submittal
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appropriately removes these provisions
from the Texas SIP.
DATES: This rule is effective on March
16, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2019–0043. 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 Office, 1201
Elm Street, Suite 500, Dallas, Texas
75270.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Layton, EPA Region 6 Office,
Air Permits Section (ARPE), 1201 Elm
Street, Suite 500, Dallas, TX 75270,
214–665–2136, layton.elizabeth@
epa.gov. To inspect the hard copy
materials, please schedule an
appointment with Ms. Elizabeth Layton
or Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in depth in our November 4,
2019, proposal (84 FR 59325). In that
document we proposed to approve
revisions to the Texas SIP submitted
February 22, 2019, by the Texas
Commission on Environmental Quality
(TCEQ) that revise the State’s New
Source Review (NSR) provisions
pertaining to air quality permits for the
control of air pollution by amending the
criteria for air pollution control permits
for new construction or modification, as
well as make other non-substantive
revisions. The February 22, 2019,
submittal included the removal of
provisions originally submitted on April
16, 2014, that relate to the permitting of
Greenhouse Gas Emissions (GHGs) for
‘‘non-anyway’’ sources that were later
invalidated by the Supreme Court in
Utility Air Regulatory Group (UARG) v.
EPA (134 S. Ct. 2427 (2014)). See the
proposed rulemaking (84 FR 59325) for
more details. We proposed to approve
the removal of these provisions that
were impacted by the Court’s ruling.
The comments received on our
proposed rulemaking are outlined in the
section below.
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8185
II. Response to Comments
We received four public comments on
the proposal. One commenter (State of
Texas) supported our proposed approval
and agreed with the EPA’s
determination that the revisions to the
Texas SIP were consistent with the CAA
and the applicable federal rules and
regulations relating to air pollution
control. We received three anonymous
public comments. One commenter
opposed the approval of provisions
relating to GHGs, another commenter
opposed approving the Texas SIP, and
one commenter opposed the approval of
previously SIP-approved regulations
containing provisions that waive permit
renewal fees for members of the military
on active duty stationed outside of the
State of Texas. All public comments
submitted are in the public docket to
this rulemaking. Our responses to the
comments are discussed below.
Comment: The State of Texas
supported the EPA’s proposed approval
action and agreed with our
determination that the revisions to the
Texas SIP were consistent with the CAA
and applicable federal rules and
regulations pertaining to air pollution
control.
Response: The EPA appreciates the
supportive comment from the State of
Texas. No changes will be made to the
proposed rule as a result of the
comment.
Comment: One anonymous
commenter stated that the EPA should
not approve portions of 30 TAC section
116.196(a) that specifically pertain to
the exemption from permit renewal fees
if a permit holder is on active duty in
the U.S. Armed Forces and is serving
outside the State of Texas. The
commenter argues that if the permit
holder is in fact serving in the military,
then the TCEQ/EPA should require a
secondary ‘‘responsible official’’ to
submit timely permit renewal
applications and the TCEQ/EPA should
not grant exemptions from permit
renewal fees as an approved provision
in the SIP. The commenter states that
this provision should be considered a
state-only provision and not be
approved into the SIP.
Response: As a threshold matter, the
EPA must respond to all significant
comments received. While considering
significant comments, a determination
must be made regarding the comment’s
relevance, i.e., if the subject matter of
the comment is relevant to the specific
action being reviewed and submitted for
approval. The EPA is only required to
respond to comments that are
determined to be relevant, meaning in
part that any such comment, after our
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consideration, could require a change in
our proposed rule. Expressly, the EPA is
required to address significant
comments deemed relevant to the
specific set of rules being proposed for
action and then take action on that
specific set of rules with consideration
of those comments. We first note that
the provisions quoted by the commenter
are actually located at 30 TAC Section
116.310. In the current action, we did
not propose for approval any provisions
that relate to the waiver of permit
renewal fees for members of the military
serving outside of the State of Texas.
Those provisions were submitted to the
EPA on August 31, 1993, and were
approved into the SIP by the EPA on
March 10, 2006 (71 FR 12285). The
public comment received by the
commenter on a prior rulemaking is not
relevant to the current rulemaking, and
as such, no changes will be made in
response to the comment received.
Additionally, no challenge to that prior,
final rulemaking action was filed and
the timeframe has long passed to seek
judicial review on that particular
rulemaking. (See Administrative
Procedure Act, 5 U.S.C. 704).
Comment: One anonymous
commenter states that the ‘‘EPA should
disapprove the regulation on GHGs,’’
and goes on to discuss the potential
factors that can generally affect the
EPA’s approval of environmental
regulations (cost, duration, subject
matter). Additionally, the commenter
requests the EPA to take the opportunity
to review GHG regulations on carbon
dioxide. Lastly, the commenter states
that pending an official rulemaking on
GHG’s, EPA may not be able to make a
‘‘regulatory ruling in time for the 2022
planned deadline.’’
Response: See our response to the
comment above related to the EPA’s
duty to respond to significant
comments. The EPA has evaluated the
comment, and we view the comment as
not relevant to the specific subject
matter at hand and is outside the scope
of this rulemaking action. The general
regulation and review of GHG’s is not a
part of the current action, nor germane
to our final action and therefore, we are
not required to respond to the comment.
Further, the commenter does not
provide context or detail to a ‘‘2022
planned deadline’’ therefore we are
unable to discern the commenter’s
concern. However, we do note that we
are bound by the U.S. Supreme Court’s
ruling, UARG v. EPA (2014), concerning
the regulation of GHG’s that is
referenced in this action and our
approval of the removal of the specific
‘‘Step 2’’ GHG provisions was based on
the Court’s ruling.
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Comment: One anonymous
commenter stated that the EPA should
‘‘disapprove the Texas SIPs’’ and supply
the rationale behind why the state does
not have the legal authority to do so on
its own. Additionally, the commenter
wants the EPA to examine interstate
hydrocarbon transport, regulate GHG
emissions under the CAA (specifically
the NSR/PSD and 111(d) programs), as
well as consider climate change and our
demand for resources. The commenter
also expresses the need to reduce the
amount of carbon being burned and
phase out conventional energy sources
by 2020.
Response: See our responses above
related to the EPA’s duty to respond to
significant comments. We do not agree
that the EPA should disapprove the
Texas SIP. We find that the State has
submitted approvable SIP revisions and
are thus approving them under the CAA
that gives EPA the authority to do so.
The comments related to regulating
GHG’s under NSR/PSD and CAA 111(d),
climate change, and reduction of carbon
is outside the scope of this rulemaking
action. We are therefore not required to
respond to the comment. Again, in this
action, we are acting consistent with the
U.S. Supreme Court’s ruling in UARG v.
EPA (2014) and our approval of the
removal of the specific ‘‘Step 2’’ GHG
provisions is appropriate here.
III. Final Action
We are approving revisions to the
Texas SIP that revise NSR air permitting
rules. We are also approving revisions to
the Texas NSR rules related to the
permitting of greenhouse gas emissions
as being consistent with federal
requirements. As explained in detail in
the proposed rulemaking accompanying
this action, we have determined that the
revisions adopted on October 31, 2018,
and submitted on February 22, 2019,
were developed in accordance with the
CAA and EPA’s regulations, case law,
policy and guidance for NSR permitting.
Therefore, under section 110 of the Act,
the EPA approves the following
revisions to the Texas SIP in the
following Sections of 30 TAC Chapter
116, submitted on February 22, 2019:
• Revisions to 30 TAC Section
116.114;
• Revisions to 30 TAC Section
116.160;
• Revisions to 30 TAC Section
116.164(a);
• Revisions to 30 TAC Section
116.196;
• Revisions to 30 TAC Section
116.198;
• Revisions to 30 TAC Section
116.310;
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• Revisions to 30 TAC Section
116.611; and
• Revisions to 30 TAC Section
116.615
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 the revisions
to the Texas regulations 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 the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the 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 the EPA’s approval, and will be
incorporated 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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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 the 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 the 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. The 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 April 13, 2020.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 29, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270, in paragraph (c), the
table titled ‘‘EPA Approved Regulations
in the Texas SIP’’ is amended by
revising the entries for Sections 116.114,
116.160, 116.164, 116.196, 116.198,
116.310, 116.611, and 116.615 to read as
follows:
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§ 52.2270
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Identification of plan.
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(c) * * *
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EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
Title/subject
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State
approval/
submittal
date
EPA
approval
date
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Explanation
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Chapter 116 Revisions to Control of Air Pollution by Permits for New Construction or Modification
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Subchapter B: New Source Review Permits
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Section 116.114 .............
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Application
Review
Schedule.
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10/31/2018
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Section 116.160 .............
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Prevention
of Significant Deterioration.
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10/31/2018
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[Insert
Federal
Register
citation].
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2/13/2020,
[Insert
Federal
Register
citation].
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The PSD SIP includes 30 TAC Section 116.160(a) as adopted by the
State as of 6/2/2010. The PSD SIP includes a letter from the TCEQ
dated December 2, 2013, committing that Texas will follow a SIP
amendment process to apply its PSD SIP to additional pollutants that
are regulated in the future, including non-NAAQS pollutants. The
PSD SIP includes a letter from the TCEQ dated May 30, 2014, clarifying the judicial review process for the Texas PSD permit program.
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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
Title/subject
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Section 116.164 .............
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Prevention
of Significant Deterioration Applicability
for
Greenhouse
Gases
Sources.
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State
approval/
submittal
date
EPA
approval
date
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10/31/2018
Explanation
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The PSD SIP does NOT include 30 TAC Sections 116.164(b).
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Subchapter C: Plant-wide Applicability Limits
*
Section 116.196 .............
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Renewal of
a Plantwide Applicability
Limit Permit.
Expiration
of Voidance.
Section 116.198 .............
*
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*
10/31/2018
...................
10/31/2018
...................
*
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*
*
*
*
*
*
*
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*
Subchapter D: Permit Renewals
Section 116.310 .............
Notification
of Permit
Holder.
*
*
10/31/2018
...................
*
*
Subchapter F: Standard Permits
*
Section 116.611 .............
*
Registration
to Use a
Standard
Permit.
*
10/31/2018
...................
*
Section 116.615 .............
*
General
Conditions.
*
10/31/2018
...................
*
*
*
*
*
*
*
*
*
*
*
30 TAC Section 116.611(b) is SIP-approved as adopted by the State as
of 11/20/2002. The SIP does NOT include 30 TAC Section
116.611(c)(3), (c)(3)(A), and (c)(3)(B).
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]]>Agencies
[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8185-8188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02054]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2019-0043; FRL-10004-67-Region 6]
Air Plan Approval; Texas; Revisions to Control of Air Pollution
by Permits for New Construction or Modification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
United States Environmental Protection Agency (U.S. EPA) is finalizing
approval of revisions to the Texas (TX) State Implementation Plan (SIP)
submitted on February 22, 2019, that revised the State's New Source
Review (NSR) permitting rules contained in Title 30 of the Texas
Administrative Code (TAC) Chapter 116 Control of Air Pollution by Air
Permits for New Construction or Modification. Our final action on the
February 22, 2019, submittal also addresses portions of an April 16,
2014, SIP submittal pertaining to the permitting of Greenhouse Gas
(GHG) emissions that were subsequently invalidated by the U.S. Supreme
Court. The February 22, 2019, submittal appropriately removes these
provisions from the Texas SIP.
DATES: This rule is effective on March 16, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2019-0043. 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 Office, 1201 Elm Street, Suite 500,
Dallas, Texas 75270.
FOR FURTHER INFORMATION CONTACT: Elizabeth Layton, EPA Region 6 Office,
Air Permits Section (ARPE), 1201 Elm Street, Suite 500, Dallas, TX
75270, 214-665-2136, [email protected]. To inspect the hard copy
materials, please schedule an appointment with Ms. Elizabeth Layton or
Mr. Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in depth in our
November 4, 2019, proposal (84 FR 59325). In that document we proposed
to approve revisions to the Texas SIP submitted February 22, 2019, by
the Texas Commission on Environmental Quality (TCEQ) that revise the
State's New Source Review (NSR) provisions pertaining to air quality
permits for the control of air pollution by amending the criteria for
air pollution control permits for new construction or modification, as
well as make other non-substantive revisions. The February 22, 2019,
submittal included the removal of provisions originally submitted on
April 16, 2014, that relate to the permitting of Greenhouse Gas
Emissions (GHGs) for ``non-anyway'' sources that were later invalidated
by the Supreme Court in Utility Air Regulatory Group (UARG) v. EPA (134
S. Ct. 2427 (2014)). See the proposed rulemaking (84 FR 59325) for more
details. We proposed to approve the removal of these provisions that
were impacted by the Court's ruling. The comments received on our
proposed rulemaking are outlined in the section below.
II. Response to Comments
We received four public comments on the proposal. One commenter
(State of Texas) supported our proposed approval and agreed with the
EPA's determination that the revisions to the Texas SIP were consistent
with the CAA and the applicable federal rules and regulations relating
to air pollution control. We received three anonymous public comments.
One commenter opposed the approval of provisions relating to GHGs,
another commenter opposed approving the Texas SIP, and one commenter
opposed the approval of previously SIP-approved regulations containing
provisions that waive permit renewal fees for members of the military
on active duty stationed outside of the State of Texas. All public
comments submitted are in the public docket to this rulemaking. Our
responses to the comments are discussed below.
Comment: The State of Texas supported the EPA's proposed approval
action and agreed with our determination that the revisions to the
Texas SIP were consistent with the CAA and applicable federal rules and
regulations pertaining to air pollution control.
Response: The EPA appreciates the supportive comment from the State
of Texas. No changes will be made to the proposed rule as a result of
the comment.
Comment: One anonymous commenter stated that the EPA should not
approve portions of 30 TAC section 116.196(a) that specifically pertain
to the exemption from permit renewal fees if a permit holder is on
active duty in the U.S. Armed Forces and is serving outside the State
of Texas. The commenter argues that if the permit holder is in fact
serving in the military, then the TCEQ/EPA should require a secondary
``responsible official'' to submit timely permit renewal applications
and the TCEQ/EPA should not grant exemptions from permit renewal fees
as an approved provision in the SIP. The commenter states that this
provision should be considered a state-only provision and not be
approved into the SIP.
Response: As a threshold matter, the EPA must respond to all
significant comments received. While considering significant comments,
a determination must be made regarding the comment's relevance, i.e.,
if the subject matter of the comment is relevant to the specific action
being reviewed and submitted for approval. The EPA is only required to
respond to comments that are determined to be relevant, meaning in part
that any such comment, after our
[[Page 8186]]
consideration, could require a change in our proposed rule. Expressly,
the EPA is required to address significant comments deemed relevant to
the specific set of rules being proposed for action and then take
action on that specific set of rules with consideration of those
comments. We first note that the provisions quoted by the commenter are
actually located at 30 TAC Section 116.310. In the current action, we
did not propose for approval any provisions that relate to the waiver
of permit renewal fees for members of the military serving outside of
the State of Texas. Those provisions were submitted to the EPA on
August 31, 1993, and were approved into the SIP by the EPA on March 10,
2006 (71 FR 12285). The public comment received by the commenter on a
prior rulemaking is not relevant to the current rulemaking, and as
such, no changes will be made in response to the comment received.
Additionally, no challenge to that prior, final rulemaking action was
filed and the timeframe has long passed to seek judicial review on that
particular rulemaking. (See Administrative Procedure Act, 5 U.S.C.
704).
Comment: One anonymous commenter states that the ``EPA should
disapprove the regulation on GHGs,'' and goes on to discuss the
potential factors that can generally affect the EPA's approval of
environmental regulations (cost, duration, subject matter).
Additionally, the commenter requests the EPA to take the opportunity to
review GHG regulations on carbon dioxide. Lastly, the commenter states
that pending an official rulemaking on GHG's, EPA may not be able to
make a ``regulatory ruling in time for the 2022 planned deadline.''
Response: See our response to the comment above related to the
EPA's duty to respond to significant comments. The EPA has evaluated
the comment, and we view the comment as not relevant to the specific
subject matter at hand and is outside the scope of this rulemaking
action. The general regulation and review of GHG's is not a part of the
current action, nor germane to our final action and therefore, we are
not required to respond to the comment. Further, the commenter does not
provide context or detail to a ``2022 planned deadline'' therefore we
are unable to discern the commenter's concern. However, we do note that
we are bound by the U.S. Supreme Court's ruling, UARG v. EPA (2014),
concerning the regulation of GHG's that is referenced in this action
and our approval of the removal of the specific ``Step 2'' GHG
provisions was based on the Court's ruling.
Comment: One anonymous commenter stated that the EPA should
``disapprove the Texas SIPs'' and supply the rationale behind why the
state does not have the legal authority to do so on its own.
Additionally, the commenter wants the EPA to examine interstate
hydrocarbon transport, regulate GHG emissions under the CAA
(specifically the NSR/PSD and 111(d) programs), as well as consider
climate change and our demand for resources. The commenter also
expresses the need to reduce the amount of carbon being burned and
phase out conventional energy sources by 2020.
Response: See our responses above related to the EPA's duty to
respond to significant comments. We do not agree that the EPA should
disapprove the Texas SIP. We find that the State has submitted
approvable SIP revisions and are thus approving them under the CAA that
gives EPA the authority to do so. The comments related to regulating
GHG's under NSR/PSD and CAA 111(d), climate change, and reduction of
carbon is outside the scope of this rulemaking action. We are therefore
not required to respond to the comment. Again, in this action, we are
acting consistent with the U.S. Supreme Court's ruling in UARG v. EPA
(2014) and our approval of the removal of the specific ``Step 2'' GHG
provisions is appropriate here.
III. Final Action
We are approving revisions to the Texas SIP that revise NSR air
permitting rules. We are also approving revisions to the Texas NSR
rules related to the permitting of greenhouse gas emissions as being
consistent with federal requirements. As explained in detail in the
proposed rulemaking accompanying this action, we have determined that
the revisions adopted on October 31, 2018, and submitted on February
22, 2019, were developed in accordance with the CAA and EPA's
regulations, case law, policy and guidance for NSR permitting.
Therefore, under section 110 of the Act, the EPA approves the following
revisions to the Texas SIP in the following Sections of 30 TAC Chapter
116, submitted on February 22, 2019:
Revisions to 30 TAC Section 116.114;
Revisions to 30 TAC Section 116.160;
Revisions to 30 TAC Section 116.164(a);
Revisions to 30 TAC Section 116.196;
Revisions to 30 TAC Section 116.198;
Revisions to 30 TAC Section 116.310;
Revisions to 30 TAC Section 116.611; and
Revisions to 30 TAC Section 116.615
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 the
revisions to the Texas regulations 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 the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
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
the EPA's approval, and will be incorporated 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
[[Page 8187]]
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 the 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 the 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. The 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 April 13, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 29, 2020.
Kenley McQueen,
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, in paragraph (c), the table titled ``EPA Approved
Regulations in the Texas SIP'' is amended by revising the entries for
Sections 116.114, 116.160, 116.164, 116.196, 116.198, 116.310, 116.611,
and 116.615 to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal EPA approval Explanation
date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 116 Revisions to Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B: New Source Review Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.114............... Application 10/31/2018 2/13/2020, ..............................
Review [Insert
Schedule. Federal
Register
citation].
* * * * * * *
Section 116.160............... Prevention of 10/31/2018 2/13/2020, The PSD SIP includes 30 TAC
Significant [Insert Section 116.160(a) as adopted
Deterioration. Federal by the State as of 6/2/2010.
Register The PSD SIP includes a letter
citation]. from the TCEQ dated December
2, 2013, committing that
Texas will follow a SIP
amendment process to apply
its PSD SIP to additional
pollutants that are regulated
in the future, including non-
NAAQS pollutants. The PSD SIP
includes a letter from the
TCEQ dated May 30, 2014,
clarifying the judicial
review process for the Texas
PSD permit program.
[[Page 8188]]
* * * * * * *
Section 116.164............... Prevention of 10/31/2018 ............... The PSD SIP does NOT include
Significant 30 TAC Sections 116.164(b).
Deterioration
Applicability
for Greenhouse
Gases Sources.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter C: Plant-wide Applicability Limits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.196............... Renewal of a 10/31/2018 ............... ..............................
Plant-wide
Applicability
Limit Permit.
Section 116.198............... Expiration of 10/31/2018 ............... ..............................
Voidance.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter D: Permit Renewals
----------------------------------------------------------------------------------------------------------------
Section 116.310............... Notification of 10/31/2018 ............... ..............................
Permit Holder.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter F: Standard Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.611............... Registration to 10/31/2018 ............... 30 TAC Section 116.611(b) is
Use a Standard SIP-approved as adopted by
Permit. the State as of 11/20/2002.
The SIP does NOT include 30
TAC Section 116.611(c)(3),
(c)(3)(A), and (c)(3)(B).
* * * * * * *
Section 116.615............... General 10/31/2018 ............... ..............................
Conditions.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-02054 Filed 2-12-20; 8:45 am]
BILLING CODE 6560-50-P
