[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Proposed Rules]
[Pages 63929-63933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25262]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0202; FRL-9902-04-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revisions to Rules and Regulations for Control of Air Pollution;
Permitting of Grandfathered Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve revisions of the Texas State
Implementation Plan submitted by the Texas Commission on Environmental
Quality (TCEQ, or Commission) on July 31, 2002; September 4, 2002; and
March 1, 2004. These revisions require that all grandfathered
facilities obtain specific permits which include emission control
methods to achieve mandated emission reductions, as required, or
shutdown; and require that emissions from dockside vessels which result
from operations at grandfathered land-based facilities be included in
specific permits. The revisions also outline additional permitting
procedures for certain grandfathered pipeline equipment located in an
ozone nonattainment area.
These permitting requirements and emissions reductions will
contribute to achieving attainment and help ensure attainment and
continued maintenance of the National Ambient Air Quality Standards
(NAAQS) for ozone in the State of Texas. EPA is proposing the revisions
under section 110, part C, and part D of the Act, and EPA's
regulations.
DATES: Written comments must be received on or before November 25,
2013.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2011-0202, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Mr. Rick Barrett at: [email protected].
Please also send a copy by email to the person listed in the FOR
FURTHER INFORMATION CONTACT section below.
Mail or delivery: Mr. Rick Barrett, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0202. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below or Mr. Bill Deese at 214-665-7253.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6PD-R), Air Permits
[[Page 63930]]
Section, telephone (214) 665-7227; fax (214) 665-7263; email:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``our,''
and ``us'' refers to EPA.
Table of Contents
I. Background
II. What Action is EPA proposing?
A. July 31, 2002 Submittal
B. September 4, 2002 Submittal
C. March 4, 2004 Submittal
D. Analysis
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
The 77th Texas State Legislature, 2001, amended the Texas Health
and Safety Code (THSC) and the Texas Clean Air Act (TCAA) to require
that all grandfathered facilities obtain permits. A ``grandfathered
facility'' is one that existed at the time the Legislature amended the
TCAA in 1971. Texas began permitting new and modified sources in 1971,
and sources built before Texas' permitting rules became effective were
not required to obtain permits for air emissions as long as they were
not modified as defined under Texas' New Source Review (NSR) State
Implementation Plan (SIP) program.
The purpose of this rulemaking by EPA is to propose approval of the
TCEQ's permit and emission control requirements for grandfathered
facilities and related permit application, monitoring, reporting and
public notice procedures. Specifically, the permit application
requirements, methods for monitoring and reporting emissions, and
public notice procedures for grandfathered facilities are the subject
of this proposed rule.
II. What action is EPA proposing?
We are proposing to fully approve certain revisions to 30 TAC
Chapter 116, submitted by the State of Texas on July 31, 2002, and
September 4, 2002. We are also proposing to fully approve the revisions
to 30 TAC Chapter 116 submitted by the State of Texas on March 1, 2004.
We are proposing to fully approve the July 31, 2002, and the September
4, 2002, submittals except for a severable portion in each which allows
owners or operators of grandfathered facilities to apply for an
existing facility flexible permit under the State's Flexible Permit
Program. We will take separate action in the future in the Federal
Register on the submittals with regard to the ``Existing Facility
Flexible Permit'' portion. Also, please note that EPA's action on 30
TAC Chapter 116, Subchapter A: ``Definitions,'' section 116.18, and 30
TAC Chapter 116, Subchapter I: ``Electric Generating Facility
Permits,'' sections 116.910--116.930, were previously acted on in a
separate notice. See 76 FR 1525 (January 11, 2011).
The July 31, 2002, submittal concerns Subchapter H: ``Permits for
Grandfathered Facilities,'' at 30 TAC sections 116.770-772, 116.774-
777, 116.779-781, 116.783, 116.785-788, 116.790, 116.793-802, and
116.804-807. The TCEQ adopted these revisions on May 22, 2002.
The September 4, 2002, submittal concerns Subchapter H: ``Permits
for Grandfathered Facilities,'' at 30 TAC sections 116.778 and 116.803;
and Subchapter I: ``Electric Generating Facility Permits,'' at 30 TAC
section 116.919. The TCEQ adopted these revisions on August 21, 2002.
The March 1, 2004, submittal concerns Subchapter H: ``Permits for
Grandfathered Facilities,'' at 30 TAC sections 116.770 and 116.772. The
TCEQ adopted these revisions on January 28, 2004.
Our Technical Support Document (TSD) contains a more detailed
explanation of the submittal and the underlying regulatory
requirements. The TSD is available in the public docket for this
rulemaking.
A. July 31, 2002 Submittal
In the July 31, 2002 submittal, Texas submitted new and amended
rules to Chapter 116, which include Subchapter A: ``Definitions,''
delineating certain definitions of words and terms used in Subchapter
I; Subchapter H: ``Permits for Grandfathered Facilities'', Division 1,
``General Applicability;'' Division 2, ``Small Business Stationary
Source Permits, Pipeline Facilities Permits, and Existing Facility
Permits;'' Division 3, ``Existing Facility Flexible Permits;'' and
Subchapter I: ``Electric Generating Facility Permits.'' In addition,
Texas submitted 30 TAC Chapter 39, ``Public Notice,'' which includes
Subchapter H: ``Applicability and General Provisions,'' and Subchapter
K: ``Public Notice of Air Quality Applications.''
The above-referenced provisions contained in the Subchapter A and
Subchapter I of Chapter 116, and Subchapter H and Subchapter K of
Chapter 39, are severable and not part of today's proposal action. The
provisions in Subchapter A and Subchapter I of Chapter 116 were
previously acted on. See 76 FR 1525 (January 11, 2011). The provisions
in Subchapter H and Subchapter K of Chapter 39 were previously
withdrawn. See letter dated July 2, 2010, from the TCEQ to EPA Region
6, in the public docket for this proposed action. Also, in the July 31,
2002 submittal concerning Chapter 116, Subchapter H: ``Permits for
Grandfathered Facilities,'' Division 3, ``Existing Facility Flexible
Permits,'' sections 116.793-802 and 116.804-807 are severable and will
be acted on in a future separate rulemaking. By severable, we mean that
these sections can be implemented independently of the remaining
portions of the submittal without affecting the stringency of the
submitted rules.
EPA is acting only on a portion of Subchapter H: ``Permits for
Grandfathered Facilities'': Division 1 and Division 2. The submitted
amendments to Subchapter H, Permits for Grandfathered Facilities,
implement the portions of TCAA, section 382.0158, which create new
types of permits for grandfathered facilities. Division 1 and Division
2 representative sections include section 116.770, Requirements to
Apply; section 116.774, Eligibility for Small Business Stationary
Source Permits; section 116.775, Eligibility for Pipeline Facilities
Permits; section 116.777, Eligibility for Existing Facility Permits;
section 116.779, Applications for Small Business Stationary Source
Permits, Pipeline Facilities Permits, or Existing Facility Permits; and
section 116.783, Notice of Final Action on Pipeline Facilities Permit
Applications and Existing Facility Permit Applications.
In section 116.770, the owner or operator of a grandfathered
facility must apply for a permit to operate the facility under Chapter
116, qualify for a permit by rule under Chapter 106, or submit a notice
of shutdown. Specific deadlines for facilities to apply are: Before
September 1, 2003 for facilities located in the East Texas region, and
before September 1, 2004 for facilities located in the West Texas
region and El Paso County.
Section 116.774 identifies the types of facilities which are
eligible for a small business stationary source permit in accordance
with TCAA, section 382.05184. Only the owners or operators of
facilities located at small business stationary sources and which are
not required to submit emissions inventories to the commission may
apply for a small business stationary source permit. The owner or
operator must apply for the small business stationary source permit
before September 1, 2004. The new section specifies that any
grandfathered facility, including any facility for which the owner or
operator has submitted a notice of shutdown located at a small business
stationary source, may not emit air contaminants on or after March 1,
[[Page 63931]]
2008, unless the facility is permitted or has a pending permit
application under Chapter 116, or a pending registration for a permit
by rule under Chapter 106. The new section also requires an application
for a small business stationary source permit to be submitted under the
seal of a Texas licensed professional engineer, if required, and states
that the facility's owner or operator is responsible for applying for
the permit and complying with the subchapter. A small business
stationary source may not emit air contaminants on or after March 1,
2008, unless the facility is permitted, has a permit application
pending, or has a registration or pending registration for a permit by
rule.
Section 116.775 identifies the types of facilities which are
eligible for a pipeline facilities permit in accordance with TCAA,
section 382.05186. The owner or operator of a grandfathered
reciprocating internal combustion engine or group of engines that are
part of processing, treating, compression, or pumping facilities
connected to or part of a gathering or transmission pipeline may apply
for a pipeline facilities permit. The new section also requires an
application for a pipeline facilities permit to be submitted under the
seal of a Texas licensed professional engineer, if required by section
116.110(e), and states that the facility's owner or operator is
responsible for applying for the permit and complying with the
subchapter. The new section allows the owner or operator of more than
one grandfathered reciprocating internal combustion engine to apply for
a pipeline facilities permit for a single grandfathered engine or for a
group of grandfathered engines connected to or part of a gathering or
transmission pipeline. The commission revised section 116.775(d) to
clarify that the owner or operator may apply for a permit for a single
engine or a group of engines.
Section 116.777 identifies the types of facilities which are
eligible for an existing facility permit in accordance with TCAA,
section 382.05183. The owner or operator of any grandfathered facility
may apply for an existing facility permit. The new section also
requires an application for an existing facility permit to be submitted
under the seal of a Texas licensed professional engineer, if required
by section 116.110(e), and states that the facility's owner or operator
is responsible for applying for the permit and complying with
Subchapter H.
Section 116.779 specifies the application requirements and
demonstrations which must be met in order for a facility to be granted
a small business stationary source permit, pipeline facilities permit,
or existing facility permit. These requirements are consistent with the
requirements for other permits issued under Chapter 116. Section
116.779 has three subsections:
Section 116.779(a) provides that the emissions from the facility
must comply with the rules and regulations of the commission, including
the protection of public health and physical property. The commission
may not issue a permit for a grandfathered facility if it finds that
the emissions from the grandfathered facility will not be protective of
public health and physical property. In order to be consistent with the
current review process for permits and applicable federal requirements,
the section requires the owner or operator of a grandfathered facility
applying for a small business stationary source permit, pipeline
facilities permit, existing facility flexible permit, or EGF permit to
be able to demonstrate that they meet applicable federal New Source
Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP). Facilities must be able to meet
performance standards specified in the application and may be required
to provide information that demonstrates ongoing compliance after the
permit is issued. If applicable, facilities would be required to comply
with Prevention of Significant Deterioration (PSD) and nonattainment
review as specified in Chapter 116, Subchapter B. Since grandfathered
facilities may be required to comply with any applicable Federal
requirements (for example, NESHAP standards), EPA expects Texas to
clearly identify state and federal requirements in the permit.
Section 116.779(b) specifies additional requirements which apply to
applicants for a pipeline facilities permit. In accordance with TCAA,
section 382.05186(e), facilities located in the East Texas region will
be required to demonstrate that each engine will achieve at least a 50%
reduction of the hourly emissions rate of NOX and may also
be required to demonstrate a 50% reduction of the hourly emissions rate
of VOC, both expressed in terms of grams per brake horsepower-hour (g/
bhp-hr). Consistent with TCAA, section 382.05186(f), the new section
also states that the commission shall require up to a 20% reduction in
the hourly emissions rate of NOX and shall require up to a
20% reduction in the hourly emissions rate of VOC, expressed in terms
of g/bhp-hr, for facilities located in the West Texas region or El Paso
County.
Section 116.779(c) specifies additional requirements with which
applicants for an existing facility permit will have to comply. In
accordance with TCAA, section 382.05183(b), applicants for existing
facility permits will have to propose an air pollution control method
that is at least as beneficial as the BACT that the commission required
or would have required for a facility of the same class or type as a
condition of issuing a permit or permit amendment 120 months (ten-year-
old BACT) before the submittal of the existing facility permit
application, considering the age and remaining useful life of the
facility, and identify the date by which the control method will be
implemented.
Section 116.783 specifies the commission's responsibilities for
sending notice of the final action on an application for a pipeline
facilities permit or an existing facility permit, and the information
that the commission must include in the notice. The new section will
require the commission to individually notify persons who commented
during the public comment period or at a permit hearing, of the final
action of the commission. The notice must be sent by first-class mail
to the commenters and to the applicant. The proposed rule stated that
the notice must include the response to comments, the identification of
any changes in the permit, and a statement that any person affected by
the decision of the commission may petition for rehearing and for
judicial review. Because, in section 116.790, the commission is
delegating to the executive director the authority to take any action
on a permit issued under this division, this section now requires that
the notice state that any person affected by the decision of the
executive director may file a motion to overturn rather than a petition
for rehearing.
B. September 4, 2002 Submittal
In the September 4, 2002 submittal, Texas submitted new and amended
rules to Chapter 116, which include Subchapter A: ``Definitions,''
which adds certain definitions; Subchapter B: ``New Source Review
Permits;'' Subchapter D: ``Permit Renewals;'' Subchapter F: ``Standard
Permits;'' Subchapter G, ``Flexible Permits;'' Subchapter H: ``Permits
for Grandfathered Facilities,'' Division 2, ``Small Business Stationary
Source Permits, Pipeline Facilities Permits, and Existing Facility
Permits;'' Division 3, ``Existing Facility Flexible Permits;'' and
Subchapter I: ``Electric Generating Facility Permits.''
The above-referenced provisions contained in Subchapter A,
Subchapter
[[Page 63932]]
B, Subchapter D, Subchapter F, Subchapter G, and Subchapter H: Division
3, of Chapter 116 are severable and not part of today's proposal
action. These severable provisions are being acted on in separate
rulemakings. By severable, we mean that these provisions can be
implemented independently of the remaining portions of the submittal
without affecting the stringency of the submitted rules.
EPA is acting only on Subchapter H: ``Permits for Grandfathered
Facilities,'' Division 2; and Subchapter I: ``Electric Generating
Facility Permits,'' from the September 4, 2002 submittal.
The submitted amendments to Subchapter H, Permits for Grandfathered
Facilities, Division 2, implements the portions of TCAA, section
382.065, which primarily requires the permitting of all air contaminant
emissions associated with dockside vessel operations. In Division 2,
new section 116.778, ``Additional Requirements for Applications for
Small Business Stationary Source Permits, Pipeline Facilities Permits,
or Existing Facility Permits'' states that in addition to complying
with all applicable requirements of Subchapter H, any application for a
small business stationary source permit, a pipeline facilities permit,
or an existing facility permit must include emissions from the facility
resulting from any associated dockside vessel operations. These
emissions must comply with all rules and regulations of the commission
and with the intent of the TCAA, including protection of the health and
property of the public and minimization of emissions to the extent
possible, consistent with good air pollution control practices.
The submitted amendment to Subchapter I, Electric Generating
Facility Permits, implements TCAA, section 382.05185(c) and (d), which
adds additional requirements in new section 116.919. In addition to
complying with all applicable requirements of this subchapter, any
application for a new grandfathered electric generating facility permit
for auxiliary combustors and coal-fired units only must include
emissions from the facility resulting from any associated dockside
vessel operations. These emissions must comply with all rules and
regulations of the commission and with the intent of the TCAA,
including protection of the health and property of the public and
minimization of emissions to the extent possible, consistent with good
air pollution control practices.
C. March 4, 2004 Submittal
In the March 4, 2004 submittal, Texas submitted amended rules to
Chapter 116, Subchapter H: ``Permits for Grandfathered Facilities,
Division 1, General Applicability,'' sections 116.770 and 116.772. The
submitted amendments to Subchapter H, Permits for Grandfathered
Facilities, implement portions of TCAA, section 382.05186, which
requires pipeline facilities permits. The amended sections are: Section
116.770, Requirements to Apply; and section 116.772, Notice of
Shutdown.
The amendment to section 116.770 changes the section title from
``Requirement to Apply'' to ``Requirement to Apply or Register'' to
better specify the purpose of the section. Also, it adds new
subsections (b) and (c), which specify that certain facilities are
considered permitted and that the owners and operators of those
facilities must submit registrations. Adopted section 116 .770(b)
implements TCAA, section 382.05186(j). Specifically, section 116.770(b)
states that a reciprocating internal combustion engine required to
obtain a pipeline facility permit that is subject to a mass emissions
cap established by the commission is considered permitted if the
facility is located in an ozone nonattainment area and is in compliance
with all state and federal requirements for that area by June 20, 2003.
30 TAC section 101.351(a) currently specifies that a mass emissions cap
applies to the Houston/Galveston ozone nonattainment area. Adopted
section 116.770(b)(2) requires that the grandfathered reciprocating
internal combustion engines satisfy any currently applicable state or
federal regulations in effect as of June 20, 2003, the effective date
of House Bill 638, in order to be considered permitted. In addition,
the commission adopts new section 116.770(c), which requires owners and
operators of facilities that are considered permitted under section
116.770(b) to submit registrations on or before July 1, 2004. The
registration requirement is necessary for the executive director to
determine whether all facilities that are considered to be permitted
meet the criteria outlined in House Bill 638. The adopted subsections
require registration rather than require those facilities to obtain a
permit under Chapter 116, qualify for a permit by rule, or shut down.
Registrations must be submitted by July 1, 2004, and must include Form
PI-1 G, Grandfathered Facility Permit Application.
The amendment to section 116.772 only adopts a change to the cross-
references in section 116.772(a) and (b) to parallel changes made in
section 116.770.
D. Analysis
The July 31, 2002, September 4, 2002, and March 1, 2004 submittals
address the applicability and permitting requirements for grandfathered
facilities. The permits issued for these facilities are expected to
result in reduced emissions of air contaminants and improved compliance
with state and federal air pollution control requirements. Further,
these permits should achieve better protection of public health and
welfare, and improve the existing SIP. These provisions meet the
requirement in 40 CFR 51.160(a) that each plan include legally
enforceable procedures to determine whether the construction or
modification of a facility, building, structure, or installation, or
combination of these will result in (1) a violation of applicable
portions of the control strategy; or (2) interference with attainment
or maintenance of a national standard in the state in which the
proposed source (or modification) is located or in a neighboring state.
The revision also meets 40 CFR 51.160(e) by identifying a type of
facility that will be subject to review under 40 CFR 51.160(a). In this
case, Texas specifically identified grandfathered facilities.
The revisions to 30 Texas Administrative Code (TAC) Chapter 116,
concerning the permitting of grandfathered facilities, will achieve
Texas' emissions reductions goals. Compliance with these revisions will
cause decreased air emissions due to the shutdown of the source, or the
use of emission control methods on grandfathered sources that had
previously been exempt from having to use emission controls. Because
the revisions will cause additional emission reductions from these
sources, they will better serve to protect the public health and
welfare. The revisions will also continue to contribute to improvement
of air quality and attainment or maintenance of the federal air quality
standards. Overall, these provisions serve to improve the existing SIP.
Lastly, these provisions meet the requirement in 40 CFR 51.160(a) that
each plan include legally enforceable procedures to determine whether
the construction or modification of a facility, building, structure, or
installation, or combination of these will result in (1) a violation of
applicable portions of the control
[[Page 63933]]
strategy; or (2) interference with attainment or maintenance of a
national standard in the State in which the proposed source (or
modification) is located or in a neighboring State.
Each revision to an implementation plan submitted by a State under
the Clean Air Act requires reasonable notice and public hearing prior
to adoption by the State and submission to EPA as a SIP revision. The
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 171), or any
other applicable requirement of this Act. EPA is proposing to approve
these revisions because they improve the SIP in accordance with Section
110 of the Act. The reductions achieved through the permitting of
grandfathered facilities program occur throughout the State of Texas
and include reducing precursors to ozone (NOX and VOC)
emissions. The NOX emissions reductions in certain regions
of the State were relied upon in Texas' ozone attainment demonstration
plans and will provide benefits in reducing ozone concentrations in
nonattainment areas and near nonattainment areas, as well as attainment
areas. Further, the permitting of grandfathered sources will benefit
the public due to reductions of air contaminants emitted from affected
grandfathered facilities, and present the opportunity for public
participation and comment in the permitting procedures for formerly
grandfathered facilities. The program establishes requirements,
procedures, deadlines and responsibilities for permit applications for
facilities formerly exempt from permit requirements.
III. Proposed Action
EPA is proposing to approve revisions to the Texas SIP that
includes 30 TAC Chapter 116, subchapter H: ``Permits for Grandfathered
Facilities,'' sections 116.770-772, 116.774-777, 116.779-781, 116.783,
116.785-788, 116.790, 116.793-802, and 116.804-807, which Texas
submitted on July 31, 2002. EPA is proposing to approve all of the July
31, 2002, SIP revision submittal as part of the Texas NSR SIP except
sections 116.793-802 and 116.804-807, as discussed above.
EPA is proposing to approve revisions to the Texas SIP that
includes 30 TAC Chapter 116, Subchapter H: ``Permits for Grandfathered
Facilities,'' sections 116.778 and 116.803; and Subchapter I:
``Electric Generating Facility Permits,'' section 116.919, which Texas
submitted on September 4, 2002. EPA is proposing to approve all of the
September 4, 2002, SIP revision submittal as part of the Texas NSR SIP
except section 116.803 as discussed above.
EPA is proposing to approve revisions to the Texas SIP that include
30 TAC Chapter 116, Subchapter H: ``Permits for Grandfathered
Facilities'' sections 116.770 and 116.772, which Texas submitted on
March 1, 2004. EPA is proposing to approve all of the March 1, 2004,
SIP revision submittal as part of the Texas NSR SIP
The July 31, 2002, September 4, 2002, and March 1, 2004 submittals
address the applicability and permitting requirements for grandfathered
facilities. The revisions will contribute to improvement in overall air
quality in Texas. We have evaluated the State's submittal, determined
that it meets the applicable requirements of the CAA and EPA air
quality regulations, and is consistent with EPA policy.
IV. 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 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 proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Nonattainment,
Ozone, Volatile organic compounds, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 27, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2013-25262 Filed 10-24-13; 8:45 am]
BILLING CODE 6560-50-P