[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Proposed Rules]
[Pages 6483-6488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02310]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0953; FRL-9941-96-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Infrastructure or Requirements for the 2008 Ozone and 2010
Nitrogen Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of State Implementation Plan (SIP) submissions from
the State of Texas for Ozone (O3) and Nitrogen Dioxide
(NO2) National Ambient Air Quality Standards (NAAQS). These
submittals address how the existing SIP provides for implementation,
maintenance, and enforcement of the 2008 O3 and 2010
NO2 NAAQS (infrastructure SIPs or i-SIPs). These i-SIPs
ensure that the State's SIP is adequate to meet the state's
responsibilities under the Federal Clean Air Act (CAA).
DATES: Written comments must be received on or before March 9, 2016.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0953 at http://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Sherry Fuerst, (214) 665-
6454, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, telephone (214) 665-
6454, [email protected]. To inspect the hard copy materials, please
schedule an appointment with her or Bill Deese at (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' means the EPA.
[[Page 6484]]
I. Background
On March 12, 2008, we revised the primary and secondary
O3 NAAQS (hereafter the 2008 O3 NAAQS) \1\ to
0.075 parts per million (ppm), expressed to three decimal places, based
on a 3-year average of the fourth-highest maximum 8-hour average
concentration. (73 FR 16436, March 27, 2008).\2\ Primary NAAQS protect
public health and secondary NAAQS protect the public welfare (CAA
section 109).
---------------------------------------------------------------------------
\1\ The previous O3 NAAQS were issued in 1997. The
1997 primary and secondary NAAQS were established as 0.08 ppm not to
be exceeded as determined by the 3-year average of the annual
fourth-highest daily maximum 8-hour concentrations (62 FR 38856,
July 18, 1997).
\2\ Although the effective date of the Federal Register notice
for the final rule was May 27, 2008, the rule was signed by the
Administrator and publicly disseminated on March 12, 2008.
Therefore, the deadline for submittal of infrastructure SIPs for the
2008 O3 NAAQS was March 12, 2011.
---------------------------------------------------------------------------
Likewise, on January 22, 2010, we revised the primary national
ambient air quality standard (hereafter the 2010 NO2 NAAQS)
\3\ for oxides of nitrogen as measured by nitrogen dioxide
(NO2), for 1-hour standard at a level of 100 ppb, based on
the 3-year average of the 98th percentile of the yearly distribution of
1-hour daily maximum concentrations, to supplement the existing annual
standard. We also established requirements for a NO2
monitoring network that includes monitors at locations where maximum
NO2 concentrations are expected to occur, including within
50 meters of major roadways, as well as monitors sited to measure the
area-wide NO2 concentrations that occur more broadly across
communities. (75 FR 6474, February 9. 2010).\4\
---------------------------------------------------------------------------
\3\ The previous NO2 NAAQS was issued in 1996. It
established a primary and secondary standards of for nitrogen
dioxide (NO2) as 0.053 parts per million (ppm) (100
micrograms per meter cubed (g/m\3\)) annual arithmetic average. (61
FR 52852, October 8, 1996).
\4\ Although the effective date of the Federal Register notice
for the final rule was April 12, 2010, the rule was signed by the
Administrator and publicly disseminated on January 22, 2010.
Therefore, the deadline for submittal of infrastructure SIPs for the
2008 NO2 NAAQS was January 22, 2013.
---------------------------------------------------------------------------
Each state must submit an i-SIP within three years after the
promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA
includes a list of specific elements the i-SIP must meet. We issued
guidance addressing the i-SIP elements for NAAQS.\5\ The Chairman of
the Texas Commission on Environmental Quality (TCEQ) submitted i-SIP
revisions to address these revised NAAQS.
---------------------------------------------------------------------------
\5\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------
We are proposing to approve the Texas i-SIP submittals for the 2008
Ozone and 2010 NO2 NAAQS.\6\ Copies of these SIP submissions
are included in the docket for this proposed rulemaking.
---------------------------------------------------------------------------
\6\ Additional information on: The history of the O3
and NO2 NAAQS, its levels, forms and, determination of
compliance; EPA's approach for reviewing i-SIPs; the details of the
SIP submittal and EPA's evaluation; the effect of recent court
decisions on i-SIPs; the statute and regulatory citations in the
Texas SIP specific to this review; the specific i-SIP applicable CAA
and our regulatory citations; Federal Register Notice citations for
Texas SIP approvals; Texas' minor New Source Review program and our
approval activities; and, Texas' Prevention of Significant
Deterioration (PSD) program can be found in the Technical Support
Document (TSD).
---------------------------------------------------------------------------
II. EPA's Evaluation of Texas' 2008 O3 and 2010
NO2 NAAQS Infrastructure Submissions
Below is a summary of our evaluation of the Texas i-SIP for the
relevant elements of 110(a)(2) we are proposing to approve. Texas
provided demonstrations of how the existing Texas SIP meets the
requirements of the 2010 NO2 NAAQS on December 7, 2012, and
for the 2008 O3 NAAQS on December 13, 2012. A detailed
discussion of our evaluation can be found in the Technical Support
Document (TSD) for this action. The TSD can be accessed through
www.regulations.gov (e-docket EPA-R06-OAR-2012-0953).
(A) Emission limits and other control measures: The SIP must
include enforceable emission limits and other control measures, means
or techniques, schedules for compliance and other related matters as
needed to implement, maintain and enforce each of the NAAQS.\7\
---------------------------------------------------------------------------
\7\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the 2008 O3
or NO2 NAAQS. Those SIP provisions are due as part of
each state's attainment plan, and will be addressed separately from
the requirements of section 110(a)(2)(A). In the context of an
infrastructure SIP, we are not evaluating the existing SIP
provisions for this purpose. Instead, EPA is only evaluating whether
the state's SIP has basic structural provisions for the
implementation of the NAAQS.
---------------------------------------------------------------------------
The Texas Clean Air Act (TCAA) provides the TCEQ, its Chairman, and
its Executive Director with broad legal authority. They can adopt
emission standards and compliance schedules applicable to regulated
entities; emission standards and limitations and any other measures
necessary for attainment and maintenance of national standards; and,
enforce applicable laws, regulations, standards and compliance
schedules, and seek injunctive relief. This authority has been employed
in the past to adopt and submit multiple revisions to the Texas SIP.
The approved SIP for Texas is documented at 40 CFR part 52.2270. TCEQ's
air quality rules and standards are codified at Title 30, Part 1 of the
Texas Administrative Code (TAC). Numerous parts of the regulations
codified into 30 TAC necessary for implementing and enforcing the NAAQS
have been adopted into the SIP.
(B) Ambient air quality monitoring/data system: The SIP must
provide for establishment and implementation of ambient air quality
monitors, collection and analysis of ambient air quality data, and
providing the data to EPA upon request.
The TCAA provides the authority allowing the TCEQ to collect air
monitoring data, quality-assure the results, and report the data. TCEQ
maintains and operates a monitoring network to measure levels of Ozone
and NO2, as well as other pollutants, in accordance with EPA
regulations specifying siting and monitoring requirements. All
monitoring data is measured using EPA approved methods and subject to
the EPA quality assurance requirements. TCEQ submits all required data
to us, following the EPA regulations. The Texas statewide monitoring
network was approved into the SIP on May 31, 1972 (37 FR 10842, 10895),
was revised on March 7, 1978 (43 FR 9275) and it undergoes recurrent
annual review by us.\8\ In addition, TCEQ conducts a recurrent
assessment of its monitoring network every five years, as required by
EPA rules. The most recent of these 5-year monitoring network
assessments was conducted by TCEQ and approved by us in December of
2010.\9\ The TCEQ Web site provides the monitor locations and posts
past and current concentrations of criteria pollutants measured in the
State's network of monitors.\10\
---------------------------------------------------------------------------
\8\ A copy of the 2015 Annual Air Monitoring Network Plan and
our approval letter are included in the docket for this proposed
rulemaking.
\9\ A copy of TCEQ's 2010 5-year ambient monitoring network
assessment and our approval letter are included in the docket for
this proposed rulemaking.
\10\ See http://www.tceq.texas.gov/airquality/monops/sites/mon_sites.html and http://www17.tceq.texas.gov/tamis/index.cfm?fuseaction=home.welcome.
---------------------------------------------------------------------------
(C) Program for enforcement of control measures: The SIP must
include the following three elements: (1) A program providing for
enforcement of emission limits and other control measures; (2) a
program for the regulation of the modification and
[[Page 6485]]
construction of stationary sources as necessary to protect the
applicable NAAQS (i.e., state-wide permitting of minor sources); and
(3) a permit program to meet the major source permitting requirements
of the CAA (for areas designated as attainment or unclassifiable for
the NAAQS in question).
(1) Enforcement of SIP Measures. As noted earlier, the State
statutes provide authority for the TCEQ, its Chairman, and its
Executive Director to enforce the requirements of the TCAA, and any
regulations, permits, or final compliance orders. These statutes also
provide the TCEQ, its Chairman, and its Executive Director with general
enforcement powers. Among other things, they can file lawsuits to
compel compliance with the statutes and regulations; commence civil
actions; issue field citations; conduct investigations of regulated
entities; collect criminal and civil penalties; develop and enforce
rules and standards related to protection of air quality; issue
compliance orders; pursue criminal prosecutions; investigate, enter
into remediation agreements; and issue emergency cease and desist
orders. The TCAA also provides additional enforcement authorities and
funding mechanisms.
(2) Minor New Source Review. The SIP is required to include
measures to regulate construction and modification of stationary
sources to protect the NAAQS. The Texas minor NSR permitting
requirements are approved as part of the SIP.\11\
---------------------------------------------------------------------------
\11\ We are not proposing to approve or disapprove the existing
Texas minor NSR program to the extent that it may be inconsistent
with the regulations governing this program. We have maintained that
the CAA does not require that new infrastructure SIP submissions
correct any defects in existing EPA-approved provisions of minor NSR
programs in order for us to approve the infrastructure SIP for
element C (e.g., 76 FR 41076-41079). We believe that a number of
states may have minor NSR provisions that are contrary to the
existing regulations for this program. The statutory requirements of
section 110(a)(2)(C) provide for considerable flexibility in
designing minor NSR programs.
---------------------------------------------------------------------------
(3) Prevention of Significant Deterioration (PSD) permit program.
The Texas PSD portion of the SIP covers all NSR regulated pollutants as
well as the requirements for the 2008 O3 and 2010
NO2 NAAQS and has been approved by EPA.
(D) Interstate and international transport: The requirements for
interstate transport of O3 and NO2 emissions are
that the SIP contain adequate provisions prohibiting O3 and
NO2 emission transport to other states which will (1)
contribute significantly to nonattainment of the NAAQS, (2) interfere
with maintenance of the NAAQS, (3) interfere with measures required to
prevent significant deterioration or (4) interfere with measures to
protect visibility (CAA 110(a)(2)(D)(i)). In addition, states must
comply with requirements to prevent transport of international air
pollution (CAA section 110(a)(2)(D)(ii)).
The Texas i-SIP submittal discussed the requirements of the CAA
section 110(a)(2)(D). We plan to evaluate and take action on the
portion of the i-SIP pertaining to emissions which will contribute
significantly to nonattainment or interfere with maintenance of the
O3 NAAQS at a later time (110(a)(2)(D)(i)(I)). With regard
to emissions which will contribute significantly to nonattainment or
interfere with maintenance of the NO2 NAAQS, TCEQ included
an interstate transport technical analysis in its submittal. In
summary, the analysis found that there are some days where air is
transported from Texas to areas in neighboring states that have
monitors. However, the reactivity of NO2, coupled with the
distance from major Texas areas of NO2 emissions make it
highly unlikely that Texas NO2 emissions significantly
impact other states. States surrounding Texas are measuring attainment
of the NO2 NAAQS; therefore, Texas NO2 sources
are not contributing to an exceedance or interfering with maintenance
of the NAAQS in neighboring states. We agree with the technical
analysis regarding emissions which will contribute significantly to
nonattainment or interfere with maintenance of the NO2
NAAQS.
Because Texas has a fully approved Prevention of Significant
Deterioration (PSD) SIP addressing all regulated new source review
pollutants, we propose to approve the transport portion of both
submittals. Revisions to the PSD SIP were approved on October 22, 2014
(79 FR 66626, November 10, 2014).
We proposed to disapprove the portion of the SIPs addressing
visibility protection for both O3 and NO2 in an
earlier action (80 FR 74818, December 16, 2014). We will take action on
the CAA section 110(a)(2)(D)(i)(II) portion of the Texas O3
and NO2 i-SIP in future rulemaking.
CAA section 110(a)(2)(D)(ii) requires that the SIP contain adequate
provisions insuring compliance with the applicable requirements of
section 126 (relating to interstate pollution abatement) and 115
(relating to international pollution abatement). Texas meets the
section 126 requirements as it has a fully approved PSD SIP and no
source or sources have been identified by us as having any interstate
impacts under section 126 in any pending action related to any air
pollutant. Texas meets the section 115 requirements as there are no
final findings by us that Texas air emissions affect other countries.
Therefore, we propose to approve the portion of the Texas O3
and NO2 i-SIP submittals pertaining to CAA section
110(a)(2)(D)(ii).
(E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) requirements
relating to state boards; and (3) necessary assurances that the state
has responsibility for ensuring adequate implementation of any plan
provision for which it relies on local governments or other entities to
carry out that portion of the plan. Both elements (A) and (E) address
the requirement that there is adequate authority to implement and
enforce the SIP and that there are no legal impediments.
These i-SIP submissions for the 2008 O3 NAAQS and 2010
NO2 NAAQS describe the SIP regulations governing the various
functions of personnel within the TCEQ, including the administrative,
technical support, planning, enforcement, and permitting functions of
the program.
With respect to funding, the TCAA requires TCEQ to establish an
emissions fee schedule for sources in order to fund the reasonable
costs of administering various air pollution control programs and
authorizes TCEQ to collect additional fees necessary to cover
reasonable costs associated with processing of air permit applications.
We conduct periodic program reviews to ensure that the state has
adequate resources and funding to, among other things, implement and
enforce the SIP.
As required by the CAA, the Texas statutes and the SIP stipulate
that any board or body, which approves permits or enforcement orders,
must have at least a majority of members who represent the public
interest and do not derive any ``significant portion'' of their income
from persons subject to permits and enforcement orders or who appear
before the board on issues related to the CAA or the TCAA. The members
of the board or body, or the head of an agency with similar powers, are
required to adequately disclose any potential conflicts of interest.
With respect to assurances that the State has responsibility to
implement
[[Page 6486]]
the SIP adequately when it authorizes local or other agencies to carry
out portions of the plan, the Texas statutes and the SIP designate the
TCEQ as the primary air pollution control agency.
(F) Stationary source monitoring system: The SIP must provide for
the establishment of a system to monitor emissions from stationary
sources and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from such sources. The SIP
shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and require
that the state correlate the source reports with emission limitations
or standards established under the CAA. These reports must be made
available for public inspection at reasonable times.
The TCAA authorizes the TCEQ to require persons engaged in
operations which result in air pollution to monitor or test emissions
and to file reports containing information relating to the nature and
amount of emissions. There are also SIP-approved state regulations
pertaining to sampling and testing and requirements for reporting of
emissions inventories In addition, SIP-approved rules establish general
requirements for maintaining records and reporting emissions.
The TCEQ uses this information, in addition to information obtained
from other sources, to track progress towards maintaining the NAAQS,
developing control and maintenance strategies, identifying sources and
general emission levels, and determining compliance with SIP-approved
regulations and additional EPA requirements. The SIP requires this
information be made available to the public. Provisions concerning the
handling of confidential data and proprietary business information are
included in the SIP-approved regulations. These rules specifically
exclude from confidential treatment any records concerning the nature
and amount of emissions reported by sources.
(G) Emergency authority: The SIP must provide for authority to
address activities causing imminent and substantial endangerment to
public health or welfare or the environment and to include contingency
plans to implement such authorities as necessary.
The TCAA provides TCEQ with authority to address environmental
emergencies, and TCEQ has contingency plans to implement emergency
episode provisions. Upon a finding that any owner/operator is
unreasonably affecting the public health, safety or welfare, or the
health of animal or plant life or property, the TCAA and 30 TAC
chapters 35 and 118 authorize TCEQ to, after a reasonable attempt to
give notice, declare a state of emergency and issue without hearing an
emergency special order directing the owner/operator to cease such
pollution immediately.
The ``Texas Air Quality Control Contingency Plan for Prevention of
Air Pollution Episodes'' is part of the Texas SIP. However, because of
the low levels of NO2 and O3 emissions emitted
and monitored statewide, Texas is not required to have contingency
plans for the 2008 O3 or 2010 NO2 NAAQS. However,
to provide additional protection, the State has general emergency
powers to address any possible dangerous air pollution episode if
necessary to protect the environment and public health.
(H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
The TCAA authorizes the TCEQ to revise the Texas SIP, as necessary,
to account for revisions of an existing NAAQS, establishment of a new
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt
more effective methods of attaining a NAAQS, and to respond to EPA SIP
calls concerning NAAQS adoption or implementation.
(I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable requirements of part D
of the CAA, relating to SIP requirements for designated nonattainment
areas.
In 2012, we designated all areas in the United States as
``unclassifiable/attainment'' for the one-hour NO2 NAAQS (77
FR 9532). All NO2 monitors in Texas and neighboring states
have design values below the 2010 annual NO2 NAAQS, which is
0.053 ppm or 53 ppb and below the one-hour NO2 NAAQS of 100
ppb. Texas currently has two nonattainment areas for the 2008 eight-
hour ozone NAAQS; the Houston-Galveston-Brazoria (HGB) marginal
nonattainment area and the Dallas-Ft. Worth (DFW) moderate
nonattainment area. The rest of the counties in Texas are designated
unclassifiable/attainment for the 2008 eight hour O3 NAAQS.
For additional information on the Texas ozone nonattainment areas (past
and present) please refer to the TSD.
However, as noted earlier, we do not expect infrastructure SIP
submissions to address subsection (I). The specific SIP submissions for
designated nonattainment areas, as required under CAA title I, part D,
are subject to different submission schedules than those for section
110 infrastructure elements. Instead, we will take action on part D
attainment plan SIP submissions through a separate rulemaking process
governed by the requirements for nonattainment areas, as described in
part D.
(J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
CAA requirements: (1) Section 121, relating to interagency consultation
regarding certain CAA requirements; (2) section 127, relating to public
notification of NAAQS exceedances and related issues; and (3)
prevention of significant deterioration of air quality and visibility
protection.
(1) Interagency consultation: As required by the TCAA, there must
be a public hearing before the adoption of any regulations or emission
control requirements, and all interested persons are given a reasonable
opportunity to review the action that is being proposed and to submit
data or arguments, either orally or in writing, and to examine the
testimony of witnesses from the hearing. In addition, the TCAA provides
the TCEQ the power and duty to establish cooperative agreements with
local authorities, and consult with other states, the federal
government and other interested persons or groups in regard to matters
of common interest in the field of air quality control. Furthermore,
the Texas PSD SIP rules mandate that the TCEQ shall provide for public
participation and notification regarding permitting applications to any
other state or local air pollution control agencies, local government
officials of the city or county where the source will be located,
tribal authorities, and Federal Land Manager (FLMs) whose lands may be
affected by emissions from the source or modification. Additionally,
the State's PSD SIP rules require the TCEQ to consult with FLMs
regarding permit applications for sources with the potential to impact
Class I Federal Areas. The SIP also includes a commitment to consult
continually with the FLMs on the review and implementation of the
visibility program, and the State recognizes the expertise of the FLMs
in monitoring and new source review applicability analyses for
visibility and
[[Page 6487]]
has agreed to notify the FLMs of any advance notification or early
consultation with a new or modifying source prior to the submission of
a permit application. Likewise, the State's Transportation Conformity
SIP rules provide for interagency consultation, resolution of
conflicts, and public notification.
(2) Public Notification: The i-SIP submissions from Texas provide
the SIP regulatory citations requiring the TCEQ to regularly notify the
public of instances or areas in which any NAAQS are exceeded. Included
in the SIP are the rules for TCEQ to advise the public of the health
hazard associated with such exceedances; and enhance public awareness
of measures that can prevent such exceedances and of ways in which the
public can participate in the regulatory and other efforts to improve
air quality. In addition, as discussed for infrastructure element B
above, the TCEQ air monitoring Web site provides quality data for each
of the monitoring stations in Texas; this data is provided
instantaneously for certain pollutants, such as ozone. The Web site
also provides information on the health effects of lead, ozone,
particulate matter, and other criteria pollutants.
(3) PSD and Visibility Protection: The PSD requirements for this
element are the same as those addressed under element (C) above. The
Texas SIP requirements relating to visibility and regional haze are not
affected when we establish or revise a NAAQS. Therefore, we believe
that there are no new visibility protection requirements due to the
revision of the NAAQS, and consequently there are no newly applicable
visibility protection obligations pursuant to infrastructure element
(J).
(K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
The TCEQ has the power and duty, under the TCAA to develop facts
and investigate providing for the functions of environmental air
quality assessment. Past modeling and emissions reductions measures
have been submitted by the State and approved into the SIP. In addition
to the ability to perform modeling for nonattainment SIPs, Texas has
the ability to perform modeling on a case by case permit basis
consistent with their SIP-approved PSD rules and with our guidance.
The TCAA authorizes and requires TCEQ to cooperate with the federal
government and local authorities concerning matters of common interest
in the field of air quality control, thereby allowing the agency to
make such submissions to the EPA.
(L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority, as a
condition of any permit required under the CAA, to cover the cost of
reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until a fee program
established by the state pursuant to Title V of the CAA, relating to
operating permits, is approved by EPA.
See the discussion for element (E) above for the description of the
mandatory collection of permitting fees outlined in the SIP.
(M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
See discussion for element (J)(1) and (2) above for a description
of the SIP's public participation process, the authority to advise and
consult, and the PSD SIP's public participation requirements.
Additionally, the TCAA also requires initiation of cooperative action
between local authorities and the TCEQ, between one local authority and
another, or among any combination of local authorities and the TCEQ for
control of air pollution in areas having related air pollution problems
that overlap the boundaries of political subdivisions, and entering
into agreements and compacts with adjoining states and Indian tribes,
where appropriate. TCEQ has a long history of successful cooperation
with affected local entities. The transportation conformity component
of the Texas SIP requires that interagency consultation and opportunity
for public involvement be provided before making transportation
conformity determinations and before adopting applicable SIP revisions
on transportation-related issues.
IV. Proposed Action
EPA is proposing to approve portions of the December 13, 2012 and
December 7, 2012, infrastructure SIP submissions from Texas, which
address the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2008 O3 and 2010 NO2 NAAQS.
Specifically, we are proposing to approve the following infrastructure
elements, or portions thereof: 110(a)(2)(A), (B), (C), (D)(i) (portions
pertaining to PSD for O3 and 2010 NO2 and
portions pertaining to nonattainment and interference with maintenance
for NO2), (D)(ii), (E), (F), (G), (H), (K), (L), and (M).
Based upon review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in these submissions or referenced in Texas SIP, we believe that Texas
has the infrastructure in place to address the applicable required
elements of sections 110(a)(1) and (2) (except otherwise noted) to
ensure that the 2008 O3 and 2010 NO2 NAAQS are
implemented in the state.
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 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
[[Page 6488]]
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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the proposed
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Interstate transport of
pollution, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Visibility.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 26, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-02310 Filed 2-5-16; 8:45 am]
BILLING CODE 6560-50-P