Air Plan Approval; Texas; Updates to Public Notice and Procedural Rules and Removal of Obsolete Provisions, 57882-57887 [2023-17945]
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57882
Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations
This rule is effective on August
24, 2023.
FOR FURTHER INFORMATION CONTACT: For
questions concerning this direct final
rulemaking, contact Luis Aguilar,
Regulatory Specialist, by phone at (303)
231–3418, or by email at ONRR_
RegulationsMailbox@onrr.gov.
SUPPLEMENTARY INFORMATION: ONRR
published a direct final rule in the
Federal Register on December 8, 2011
(76 FR 76612). ONRR amended the
thermal energy displaced equation in
§ 1206.356(a)(2) from ‘‘0.113681’’ to
‘‘0.133681.’’ Section 1206.356(a)(2)
contained an image of the equation for
DATES:
*
*
*
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*
Howard Cantor,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2023–18096 Filed 8–23–23; 8:45 am]
BILLING CODE 4335–30–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–USCG–0689]
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone that encompasses certain
navigable waters on Lake Erie, for the
Head of the Cuyahoga, in Cleveland,
Ohio. This action is necessary and
intended for the safety of life and
property on navigable waters during this
event. During the enforcement period,
no person or vessel may enter the
respective safety zone without the
permission of the Captain of the Port
Buffalo or a designated representative.
DATES: The regulation listed in 33 CFR
165.939, Table 165.939 (d)(3) will be
enforced from 5 a.m. through 5 p.m. on
September 16, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT Jared
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
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illustration purposes. However, ONRR
did not provide an updated equation
image. This document provides the
correct equation image.
List of Subjects in 30 CFR Part 1206
Coal, Continental shelf, Government
contracts, Indian lands, Mineral
royalties, Oil and gas exploration,
Public lands—mineral resources,
Reporting and recordkeeping
requirements.
Accordingly, ONRR amends 30 CFR
part 1206 by making the following
correcting amendment.
Stevens, Waterways Management
Division, U.S. Coast Guard Marine
Safety Unit Cleveland; telephone 216–
937–0124, email D09-SMBMSUCLEVELAND-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a Safety Zone; for the
Annual Event in the Captain of the Port
Buffalo Zone, listed in 33 CFR 165.939,
Table 165.939(d)(3) for the Head of the
Cuyahoga in Cleveland, Ohio. All U.S.
waters of the Cuyahoga River, between
a line drawn perpendicular to the river
banks from position 41°29′55″ N,
081°42′23″ W (NAD 83) just past the
Detroit-Superior Viaduct bridge at MM
1.42 of the Cuyahoga River south to a
line drawn perpendicular to the river
banks at position 41°28′32″ N,
081°40′16″ W (NAD 83) just south of the
Interstate 490 bridge at MM 4.79 of the
Cuyahoga River.
Pursuant to 33 CFR 165.23, entry into,
transiting, or anchoring within the
safety zone during an enforcement
period is prohibited unless authorized
by the Captain of the Port Buffalo or a
designated representative. Those
seeking permission to enter the safety
zone may request permission from the
Captain of Port Buffalo via channel 16,
VHF–FM. Vessels and persons granted
permission to enter the safety zone shall
obey the directions of the Captain of the
Port Buffalo or a designated
representative. While within a safety
zone, all vessels shall operate at the
minimum speed necessary to maintain a
safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.939 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
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PART 1206—PRODUCT VALUATION
1. The authority citation for part 1206
continues to read as follows:
■
Authority: 5 U.S.C. 301 et seq., 25 U.S.C.
396, 396a et seq., 398, 398a et seq., 2101 et
seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001
et seq., 1701 et seq.; 43 U.S.C. 1301 et seq.,
1331 et seq., and 1801 et seq.
2. In § 1206.356, amend paragraph
(a)(2) by revising the equation to read as
follows:
■
§ 1206.356 How do I calculate royalty or
fees due on geothermal resources I use for
direct use purposes?
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*
(a) * * *
(2) * * *
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Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Buffalo determines that the
safety zone need not be enforced for the
full duration stated in this notice, he
may use a Broadcast Notice to Mariners
to grant general permission to enter the
respective safety zone.
Dated: August 17, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2023–18268 Filed 8–23–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2022–0307; FRL–10892–
02–R6]
Air Plan Approval; Texas; Updates to
Public Notice and Procedural Rules
and Removal of Obsolete Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving portions of three revisions
to the Texas State Implementation Plan
(SIP) submitted by the Texas
Commission on Environmental Quality
(TCEQ) on July 9, 2021, and January 21,
2022, that update the air permitting
SUMMARY:
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thermal energy displaced equation
image.
Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations
program by removing obsolete
provisions and enhancing public notice
requirements of the air permitting
program. We are also making ministerial
edits to correct several errors identified
in the amendatory language for the
Texas SIP.
This rule is effective on
September 25, 2023.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2022–0307. 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. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, EPA Region 6 Office, Air
Permits Section, 214–665–2115,
wiley.adina@epa.gov. Please call or
email the contact listed above if you
need alternative access to material
indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
lotter on DSK11XQN23PROD with RULES1
I. Background
The background for this action is
discussed in detail in our April 21,
2023, proposal (88 FR 24518). In that
document we proposed to approve
portions of three revisions to the Texas
SIP submitted by the TCEQ on July 9,
2021, and January 21, 2022. The first
revision, adopted on April 22, 2020,
submitted on January 21, 2022, updates
internal cross-references and removes or
replaces obsolete provisions identified
during a routine review of the Texas
permitting regulations. The second
revision, adopted on June 9, 2021,
submitted July 9, 2021, repeals obsolete
permitting provisions, and makes
necessary corresponding edits to other
permitting provisions. The third
revision, adopted on August 25, 2021,
submitted January 21, 2022, enhances
the public notice requirements of the air
permitting program. As detailed in our
proposed approval, we found that the
submitted revisions are consistent with
the CAA and the EPA’s regulations,
policy, and guidance for permitting SIP
requirements. We did not receive any
comments regarding our proposal.
Therefore, we are finalizing as
proposed.
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II. Final Action
Pursuant to section 110, of the Act,
we are finalizing the submitted
revisions to the Texas SIP that update
the air permitting program by removing
obsolete provisions and enhancing
public notice by extending requirements
for alternative language notices to
notices for public meetings in certain
circumstances.
We are approving the following
revisions adopted on June 9, 2021,
effective on July 1, 2021, submitted to
the EPA on July 9, 2021:
• Revisions to 30 TAC Section
116.910—Applicability,
• Revisions to 30 TAC Section
116.911—Electric Generating Facility
Permit Application,
• Revisions to 30 TAC Sections
116.920—Public Participation for Initial
Issuance,
• Revisions to 30 TAC Sections
116.1530—Best Available Retrofit
Technology (BART) Control
Implementation, and
• Repeal of 30 TAC Sections
116.770—116.772, 116.774, 116.775,
116.777—116.781, 116.783, 116.785—
116.788, and 116.790.
The EPA is approving the following
revisions adopted on April 22, 2020,
effective on May 14, 2020, submitted to
the EPA on January 21, 2022:
• Revisions to 30 TAC Section
39.405—General Notice Provisions,
• Revisions to 30 TAC Section
39.411—Text of Public Notice,
• Revisions to 30 TAC Section
39.419—Notice of Application and
Preliminary Decision,
• Revisions to 30 TAC Section
39.420—Transmittal of the Executive
Director’s Response to Comments and
Decision,
• Revisions to 30 TAC Section
39.601—Applicability,
• Revisions to 30 TAC Section
39.603—Newspaper Notice,
• Revisions to 30 TAC Section
55.154—Public Meetings,
• Revisions to 30 TAC Section
55.156—Public Comment Processing,
• Revisions to 30 TAC Section
101.306—Emission Credit Use,
• Revisions to 30 TAC Section
116.111—General Application, and
• Revisions to 30 TAC Section
116.112—Distance Limitations.
The EPA is approving the following
revisions adopted on August 25, 2021,
effective September 16, 2021, submitted
to the EPA on January 21, 2022:
• Revisions to 30 TAC Section
39.405—General Notice Provisions,
• Revisions to 30 TAC Section
39.412—Combined Notice for Certain
Greenhouse Gases Permit Applications,
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• Revisions to 30 TAC Section
39.418—Notice of Receipt of
Application and Intent to Obtain Permit,
• Revisions to 30 TAC Section
39.419—Notice of Application and
Preliminary Decision,
• New 30 TAC Section 39.426—
Alternative Language Requirements,
• Revisions to 30 TAC Section
39.602—Mailed Notice,
• Revisions to 30 TAC Section
39.604—Sign-Posting,
• Revisions to 30 TAC Sections
55.154—Public Meetings, and
• Revisions to 30 TAC Sections
55.156—Public Comment Processing.
The EPA is also correcting several
errors identified in the amendatory
language for the Texas SIP at 40 CFR
52.2270(c). The EPA is making these
necessary, ministerial edits to the Texas
SIP without notice and comment under
the ‘‘good cause’’ exemption in section
553(b)(3)(B) of the Administrative
Procedures Act (APA) which, upon
finding ‘‘good cause,’’ authorizes
agencies to dispense with public
participation. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the ministerial
corrections update the amendatory
language at 40 CFR 52.2270(c) to
correctly reference prior EPA actions
that were previously subject to notice
and comment consistent with section
553 of the APA. The public benefits by
having these updated citations.
• The EPA’s January 11, 2011, final
rule at 76 FR 1525, 1531–1532,
inadvertently used the wrong section
names in the Title/Subject field for
several of the section numbers that were
approved into the Texas SIP. We are
correcting the Title/Subject field for 30
TAC Sections 116.911, 116.912,
116.916, 116.917, 116.918, 116.920,
116.930.
• The EPA’s February 13, 2020, final
rule at 85 FR 8185, 8188, inadvertently
omitted the information identifying the
EPA’s approval date from the SIPapproved sections for 30 TAC Sections
116.164, 116.196, 116.198, 116.310,
116.611, and 116.615. We are correcting
these sections to include the EPA
approval date and FR citation.
III. Environmental Justice
Consideration
The EPA reviewed demographic data
and provided the results in our April 21,
2023, proposed rule. See 88 FR 24518,
24520–24521.
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IV. 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 revisions to
the Texas regulations as described in
Section II of this preamble, Final
Action. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov (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 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 in the next update to the
SIP compilation.
lotter on DSK11XQN23PROD with RULES1
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• 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);
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• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The state air agency did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA performed an
environmental justice analysis, as is
described above in the section titled,
‘‘Environmental Justice
Considerations.’’ The analysis was done
for the purpose of providing additional
context and information about this
rulemaking to the public, not as a basis
of the action. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. In addition, there is no information
in the record upon which this decision
is based inconsistent with the stated
goal of E.O. 12898 of achieving
environmental justice for people of
color, low-income populations, and
Indigenous peoples.
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
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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).
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 23, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 15, 2023.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270, the table in paragraph
(c) titled ‘‘EPA Approved Regulations in
the Texas SIP’’ is amended by
■ i. Revising the entries for sections
39.405, 39.411, 39.412, 39.418, 39.419,
39.420, 39.426, 39.601, 39.602, 39.603,
39.604, 55.154, 55.156, 101.306,
116.111, 116.112, 116.164, 116.196,
116.198, 116.310, 116.615, 116.910,
116.911, 116.912, 116.920, and
116.1530, and
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ii. Removing the heading ‘‘Subchapter
H—Permits for Grandfathered
Facilities’’ and sub-heading ‘‘Division
1—General Applicability’’, consisting of
entries for sections 116.770—116.772
and sub-heading ‘‘Division 2—Small
■
Business Stationary Source Permits,
Pipeline Facilities Permits, and Existing
Facility Permits’’, consisting of entries
for sections 116.774, 116.775, 116.777–
116.781, 116.783, 116.785–116.788, and
116.790.
The revisions 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
*
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*
EPA
approval
date
*
Explanation
*
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*
8/24/2023, [Insert Federal Register citation].
*
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*
8/24/2023,
tion].
8/24/2023,
tion].
8/24/2023,
tion].
8/24/2023,
tion].
8/24/2023,
tion].
8/24/2023,
tion].
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Chapter 39—Public Notice
Subchapter H—Applicability and General Provisions
*
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Section 39.405 ...... General Notice Provisions .......................
8/25/2021
*
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Section 39.411 ...... Text of Public Notice ................................
4/22/2020
Section 39.412 ......
8/25/2021
Section 39.418 ......
Section 39.419 ......
Section 39.420 ......
Section 39.426 ......
Combined Notice for Certain Greenhouse Gases Permit Applications.
Notice of Receipt of Application and Intent to Obtain Permit.
Notice of Application and Preliminary Decision.
Transmittal of the Executive Director’s
Response to Comments and Decisions.
Alternative Language Requirements .......
8/25/2021
8/25/2021
4/22/2020
8/25/2021
*
[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita-
Subchapter K—Public Notice of Air Quality Permit Applications
Section 39.601 ......
Applicability ..............................................
4/22/2020
Section 39.602 ......
Mailed Notice ...........................................
8/25/2021
Section 39.603 ......
Newspaper Notice ....................................
4/22/2020
Section 39.604 ......
Sign-Posting .............................................
8/25/2021
*
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*
8/24/2023,
tion].
8/24/2023,
tion].
8/24/2023,
tion].
8/24/2023,
tion].
[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita-
*
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Chapter 55—Requests for Reconsideration and Contested Case Hearings; Public Comment
Subchapter E—Public Comment and Public Meetings
*
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Section 55.154 ...... Public Meetings ........................................
8/25/2021
Section 55.156 ......
8/25/2021
Public Comment Processing ....................
*
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8/24/2023, [Insert Federal Register citation].
8/24/2023, [Insert Federal Register citation].
*
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Chapter 101—General Air Quality Rules
*
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*
Subchapter H—Emissions Banking and Trading
Division 1—Emission Credit Program
*
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*
Section 101.306 .... Emission Credit Use ................................
lotter on DSK11XQN23PROD with RULES1
*
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4/22/2020
*
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8/24/2023, [Insert Federal Register citation].
*
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Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification
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Subchapter B—New Source Review Permits
Division 1—Permit Application
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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
State
approval/
submittal
date
Title/subject
*
*
*
Section 116.111 .... General Application ..................................
4/22/2020
Section 116.112 ....
4/22/2020
Distance Limitations .................................
*
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*
EPA
approval
date
Explanation
*
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8/24/2023, [Insert Federal Register citation].
8/24/2023, [Insert Federal Register citation].
*
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Division 6—Prevention of Significant Deterioration Review
*
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Section 116.164 .... Prevention of Significant Deterioration
Applicability for Greenhouse Gases
Sources.
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10/31/2018
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2/13/2020, 85 FR 8187 ............................ The PSD SIP does NOT include 30 TAC
Section 116.164(b).
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Subchapter C—Plant-wide Applicability Limits
Division 1—Plant-wide Applicability Limits
*
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*
Section 116.196 .... Renewal of a Plant-wide Applicability
Limit Permit.
Section 116.198 .... Expiration of Voidance .............................
10/31/2018
*
*
2/13/2020, 85 FR 8187.
10/31/2018
2/13/2020, 85 FR 8187.
Subchapter D—Permit Renewals
Section 116.310 ....
Notification of Permit Holder ....................
*
*
10/31/2018
*
2/13/2020, 85 FR 8187.
*
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Subchapter F—Standard Permits
*
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*
Section 116.611 .... Registration to Use a Standard Permit ....
10/31/2018
*
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Section 116.615 .... General Conditions ..................................
10/31/2018
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2/13/2020, 85 FR 8187 ............................ 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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2/13/2020, 85 FR 8187.
*
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*
*
Subchapter G—Flexible Permits
*
*
*
Section 116.765 .... Compliance Schedule ..............................
*
*
7/31/2014
*
*
*
*
*
7/20/2015, 80 FR 42729 .......................... SIP includes 30 TAC Section 116.765(b)
and (c)
*
*
*
*
Subchapter I—Electric Generating Facility Permits
Section 116.910 ....
Applicability ..............................................
6/9/2021
Section 116.911 ....
Electric Generating Facility Permit Application.
Electing Electric Generating Facilities .....
6/9/2021
lotter on DSK11XQN23PROD with RULES1
Section 116.912 ....
*
*
*
Section 116.916 .... Permits for Grandfathered and Electing
Electric Generating Facilities in El
Paso County.
Section 116.917 .... Electric Generating Facility Permit Application for Certain Grandfathered CoalFired Electric Generating Facilities and
Certain Grandfathered Facilities Located at Electric Generating Facility
Sites.
Section 116.918 .... Additional General and Special Conditions for Grandfathered Coal-Fired
Electric Generating Facilities and Certain Grandfathered Facilities Located
at Electric Generating Facility Sites.
VerDate Sep<11>2014
15:37 Aug 23, 2023
Jkt 259001
PO 00000
12/16/1999
8/24/2023, [Insert Federal Register citation].
8/24/2023, [Insert Federal Register citation].
1/11/2011, 76 FR 1525.
12/16/1999
*
*
1/1/2011, 76 FR 1525.
5/22/2002
1/11/2011, 76 FR 1525.
5/22/2002
1/11/2011, 76 FR 1525.
Frm 00026
Fmt 4700
Sfmt 4700
E:\FR\FM\24AUR1.SGM
Section 116.911(a)(2) is authorized for
Minor NSR only.
*
24AUR1
*
Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations
57887
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
State
approval/
submittal
date
Title/subject
*
*
*
Section 116.920 .... Public Participation for Initial Issuance ....
*
*
*
Section 116.930 .... Amendments and Alterations of Permits
Issued Under this Subchapter.
*
*
6/9/2021
5/22/2002
*
EPA
approval
date
Explanation
*
*
8/24/2023, [Insert Federal Register citation].
*
*
*
*
1/11/2011, 76 FR 1525.
*
*
*
*
*
*
*
*
*
*
Subchapter M—Best Available Retrofit Technology (BART)
*
*
Section 116.1530 .. Best Available Retrofit Technology
(BART) Control Implementation.
*
*
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2020–0004; FRL–11246–01–
OCSPP]
Pyraclonil; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
lotter on DSK11XQN23PROD with RULES1
*
Charles Smith, Registration Division
(7505T), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(202) 566–1030; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
This regulation establishes
tolerances for residues of pyraclonil in
or on rice, grain. Nichino America, Inc.
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective
August 24, 2023. Objections and
requests for hearings must be received
on or before October 23, 2023 and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2020–0004, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and OPP Docket
Jkt 259001
*
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 180
15:37 Aug 23, 2023
*
*
8/24/2023, [Insert Federal Register citation].
is (202) 566–1744. Please review the
visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
BILLING CODE 6560–50–P
VerDate Sep<11>2014
6/9/2021
*
[FR Doc. 2023–17945 Filed 8–23–23; 8:45 am]
SUMMARY:
*
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Office of the Federal Register’s
e-CFR site at https://www.ecfr.gov/
current/title-40.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2020–0004 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
October 23, 2023. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b), although the Office of
Administrative Law Judges encourages
parties to file electronically. See https://
www.epa.gov/sites/default/files/202005/documents/2020-04-10_-_order_
urging_electronic_service_and_
filing.pdf.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2020–0004, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Rules and Regulations]
[Pages 57882-57887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17945]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2022-0307; FRL-10892-02-R6]
Air Plan Approval; Texas; Updates to Public Notice and Procedural
Rules and Removal of Obsolete Provisions
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 portions of three
revisions to the Texas State Implementation Plan (SIP) submitted by the
Texas Commission on Environmental Quality (TCEQ) on July 9, 2021, and
January 21, 2022, that update the air permitting
[[Page 57883]]
program by removing obsolete provisions and enhancing public notice
requirements of the air permitting program. We are also making
ministerial edits to correct several errors identified in the
amendatory language for the Texas SIP.
DATES: This rule is effective on September 25, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2022-0307. 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. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Adina Wiley, EPA Region 6 Office, Air
Permits Section, 214-665-2115, [email protected]. Please call or
email the contact listed above if you need alternative access to
material indexed but not provided in the docket.
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 April
21, 2023, proposal (88 FR 24518). In that document we proposed to
approve portions of three revisions to the Texas SIP submitted by the
TCEQ on July 9, 2021, and January 21, 2022. The first revision, adopted
on April 22, 2020, submitted on January 21, 2022, updates internal
cross-references and removes or replaces obsolete provisions identified
during a routine review of the Texas permitting regulations. The second
revision, adopted on June 9, 2021, submitted July 9, 2021, repeals
obsolete permitting provisions, and makes necessary corresponding edits
to other permitting provisions. The third revision, adopted on August
25, 2021, submitted January 21, 2022, enhances the public notice
requirements of the air permitting program. As detailed in our proposed
approval, we found that the submitted revisions are consistent with the
CAA and the EPA's regulations, policy, and guidance for permitting SIP
requirements. We did not receive any comments regarding our proposal.
Therefore, we are finalizing as proposed.
II. Final Action
Pursuant to section 110, of the Act, we are finalizing the
submitted revisions to the Texas SIP that update the air permitting
program by removing obsolete provisions and enhancing public notice by
extending requirements for alternative language notices to notices for
public meetings in certain circumstances.
We are approving the following revisions adopted on June 9, 2021,
effective on July 1, 2021, submitted to the EPA on July 9, 2021:
Revisions to 30 TAC Section 116.910--Applicability,
Revisions to 30 TAC Section 116.911--Electric Generating
Facility Permit Application,
Revisions to 30 TAC Sections 116.920--Public Participation
for Initial Issuance,
Revisions to 30 TAC Sections 116.1530--Best Available
Retrofit Technology (BART) Control Implementation, and
Repeal of 30 TAC Sections 116.770--116.772, 116.774,
116.775, 116.777--116.781, 116.783, 116.785--116.788, and 116.790.
The EPA is approving the following revisions adopted on April 22,
2020, effective on May 14, 2020, submitted to the EPA on January 21,
2022:
Revisions to 30 TAC Section 39.405--General Notice
Provisions,
Revisions to 30 TAC Section 39.411--Text of Public Notice,
Revisions to 30 TAC Section 39.419--Notice of Application
and Preliminary Decision,
Revisions to 30 TAC Section 39.420--Transmittal of the
Executive Director's Response to Comments and Decision,
Revisions to 30 TAC Section 39.601--Applicability,
Revisions to 30 TAC Section 39.603--Newspaper Notice,
Revisions to 30 TAC Section 55.154--Public Meetings,
Revisions to 30 TAC Section 55.156--Public Comment
Processing,
Revisions to 30 TAC Section 101.306--Emission Credit Use,
Revisions to 30 TAC Section 116.111--General Application,
and
Revisions to 30 TAC Section 116.112--Distance Limitations.
The EPA is approving the following revisions adopted on August 25,
2021, effective September 16, 2021, submitted to the EPA on January 21,
2022:
Revisions to 30 TAC Section 39.405--General Notice
Provisions,
Revisions to 30 TAC Section 39.412--Combined Notice for
Certain Greenhouse Gases Permit Applications,
Revisions to 30 TAC Section 39.418--Notice of Receipt of
Application and Intent to Obtain Permit,
Revisions to 30 TAC Section 39.419--Notice of Application
and Preliminary Decision,
New 30 TAC Section 39.426--Alternative Language
Requirements,
Revisions to 30 TAC Section 39.602--Mailed Notice,
Revisions to 30 TAC Section 39.604--Sign-Posting,
Revisions to 30 TAC Sections 55.154--Public Meetings, and
Revisions to 30 TAC Sections 55.156--Public Comment
Processing.
The EPA is also correcting several errors identified in the
amendatory language for the Texas SIP at 40 CFR 52.2270(c). The EPA is
making these necessary, ministerial edits to the Texas SIP without
notice and comment under the ``good cause'' exemption in section
553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon
finding ``good cause,'' authorizes agencies to dispense with public
participation. Under section 553 of the APA, an agency may find good
cause where procedures are ``impractical, unnecessary, or contrary to
the public interest.'' Public comment is ``unnecessary'' and ``contrary
to the public interest'' since the ministerial corrections update the
amendatory language at 40 CFR 52.2270(c) to correctly reference prior
EPA actions that were previously subject to notice and comment
consistent with section 553 of the APA. The public benefits by having
these updated citations.
The EPA's January 11, 2011, final rule at 76 FR 1525,
1531-1532, inadvertently used the wrong section names in the Title/
Subject field for several of the section numbers that were approved
into the Texas SIP. We are correcting the Title/Subject field for 30
TAC Sections 116.911, 116.912, 116.916, 116.917, 116.918, 116.920,
116.930.
The EPA's February 13, 2020, final rule at 85 FR 8185,
8188, inadvertently omitted the information identifying the EPA's
approval date from the SIP-approved sections for 30 TAC Sections
116.164, 116.196, 116.198, 116.310, 116.611, and 116.615. We are
correcting these sections to include the EPA approval date and FR
citation.
III. Environmental Justice Consideration
The EPA reviewed demographic data and provided the results in our
April 21, 2023, proposed rule. See 88 FR 24518, 24520-24521.
[[Page 57884]]
IV. 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 revisions to
the Texas regulations as described in Section II of this preamble,
Final Action. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov (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 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 in the next update to the SIP compilation.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The state air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. The EPA performed an environmental justice analysis, as is
described above in the section titled, ``Environmental Justice
Considerations.'' The analysis was done for the purpose of providing
additional context and information about this rulemaking to the public,
not as a basis of the action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. In addition, there is
no information in the record upon which this decision is based
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 23, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 15, 2023.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 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, the table in paragraph (c) titled ``EPA Approved
Regulations in the Texas SIP'' is amended by
0
i. Revising the entries for sections 39.405, 39.411, 39.412, 39.418,
39.419, 39.420, 39.426, 39.601, 39.602, 39.603, 39.604, 55.154, 55.156,
101.306, 116.111, 116.112, 116.164, 116.196, 116.198, 116.310, 116.615,
116.910, 116.911, 116.912, 116.920, and 116.1530, and
[[Page 57885]]
0
ii. Removing the heading ``Subchapter H--Permits for Grandfathered
Facilities'' and sub-heading ``Division 1--General Applicability'',
consisting of entries for sections 116.770--116.772 and sub-heading
``Division 2--Small Business Stationary Source Permits, Pipeline
Facilities Permits, and Existing Facility Permits'', consisting of
entries for sections 116.774, 116.775, 116.777-116.781, 116.783,
116.785-116.788, and 116.790.
The revisions 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 8/25/2021 8/24/2023, [Insert
Provisions. Federal Register
citation].
* * * * * * *
Section 39.411............. Text of Public Notice. 4/22/2020 8/24/2023, [Insert
Federal Register
citation].
Section 39.412............. Combined Notice for 8/25/2021 8/24/2023, [Insert
Certain Greenhouse Federal Register
Gases Permit citation].
Applications.
Section 39.418............. Notice of Receipt of 8/25/2021 8/24/2023, [Insert
Application and Federal Register
Intent to Obtain citation].
Permit.
Section 39.419............. Notice of Application 8/25/2021 8/24/2023, [Insert
and Preliminary Federal Register
Decision. citation].
Section 39.420............. Transmittal of the 4/22/2020 8/24/2023, [Insert
Executive Director's Federal Register
Response to Comments citation].
and Decisions.
Section 39.426............. Alternative Language 8/25/2021 8/24/2023, [Insert
Requirements. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Subchapter K--Public Notice of Air Quality Permit Applications
----------------------------------------------------------------------------------------------------------------
Section 39.601............. Applicability......... 4/22/2020 8/24/2023, [Insert
Federal Register
citation].
Section 39.602............. Mailed Notice......... 8/25/2021 8/24/2023, [Insert
Federal Register
citation].
Section 39.603............. Newspaper Notice...... 4/22/2020 8/24/2023, [Insert
Federal Register
citation].
Section 39.604............. Sign-Posting.......... 8/25/2021 8/24/2023, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 55--Requests for Reconsideration and Contested Case Hearings; Public Comment
Subchapter E--Public Comment and Public Meetings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 55.154............. Public Meetings....... 8/25/2021 8/24/2023, [Insert
Federal Register
citation].
Section 55.156............. Public Comment 8/25/2021 8/24/2023, [Insert
Processing. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Chapter 101--General Air Quality Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter H--Emissions Banking and Trading
Division 1--Emission Credit Program
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 101.306............ Emission Credit Use... 4/22/2020 8/24/2023, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
[[Page 57886]]
* * * * * * *
Section 116.111............ General Application... 4/22/2020 8/24/2023, [Insert
Federal Register
citation].
Section 116.112............ Distance Limitations.. 4/22/2020 8/24/2023, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 6--Prevention of Significant Deterioration Review
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.164............ Prevention of 10/31/2018 2/13/2020, 85 FR 8187. The PSD SIP does NOT
Significant include 30 TAC
Deterioration Section 116.164(b).
Applicability for
Greenhouse Gases
Sources.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter C--Plant-wide Applicability Limits
Division 1--Plant-wide Applicability Limits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.196............ Renewal of a Plant- 10/31/2018 2/13/2020, 85 FR 8187.
wide Applicability
Limit Permit.
Section 116.198............ Expiration of Voidance 10/31/2018 2/13/2020, 85 FR 8187.
----------------------------------------------------------------------------------------------------------------
Subchapter D--Permit Renewals
----------------------------------------------------------------------------------------------------------------
Section 116.310............ Notification of Permit 10/31/2018 2/13/2020, 85 FR 8187.
Holder.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter F--Standard Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.611............ Registration to Use a 10/31/2018 2/13/2020, 85 FR 8187. 30 TAC Section
Standard Permit. 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).
* * * * * * *
Section 116.615............ General Conditions.... 10/31/2018 2/13/2020, 85 FR 8187.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter G--Flexible Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.765............ Compliance Schedule... 7/31/2014 7/20/2015, 80 FR 42729 SIP includes 30 TAC
Section 116.765(b)
and (c)
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter I--Electric Generating Facility Permits
----------------------------------------------------------------------------------------------------------------
Section 116.910............ Applicability......... 6/9/2021 8/24/2023, [Insert
Federal Register
citation].
Section 116.911............ Electric Generating 6/9/2021 8/24/2023, [Insert Section 116.911(a)(2)
Facility Permit Federal Register is authorized for
Application. citation]. Minor NSR only.
Section 116.912............ Electing Electric 12/16/1999 1/11/2011, 76 FR 1525.
Generating Facilities.
* * * * * * *
Section 116.916............ Permits for 12/16/1999 1/1/2011, 76 FR 1525..
Grandfathered and
Electing Electric
Generating Facilities
in El Paso County.
Section 116.917............ Electric Generating 5/22/2002 1/11/2011, 76 FR 1525.
Facility Permit
Application for
Certain Grandfathered
Coal-Fired Electric
Generating Facilities
and Certain
Grandfathered
Facilities Located at
Electric Generating
Facility Sites.
Section 116.918............ Additional General and 5/22/2002 1/11/2011, 76 FR 1525.
Special Conditions
for Grandfathered
Coal-Fired Electric
Generating Facilities
and Certain
Grandfathered
Facilities Located at
Electric Generating
Facility Sites.
[[Page 57887]]
* * * * * * *
Section 116.920............ Public Participation 6/9/2021 8/24/2023, [Insert
for Initial Issuance. Federal Register
citation].
* * * * * * *
Section 116.930............ Amendments and 5/22/2002 1/11/2011, 76 FR 1525.
Alterations of
Permits Issued Under
this Subchapter.
* * * * * * *
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Subchapter M--Best Available Retrofit Technology (BART)
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* * * * * * *
Section 116.1530........... Best Available 6/9/2021 8/24/2023, [Insert
Retrofit Technology Federal Register
(BART) Control citation].
Implementation.
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[FR Doc. 2023-17945 Filed 8-23-23; 8:45 am]
BILLING CODE 6560-50-P
