[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Rules and Regulations]
[Pages 57677-57679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26342]



40 CFR Part 52

[EPA-R06-OAR-2017-0192; FRL-9971-04-Region 6]

Approval and Promulgation of Implementation Plans; Texas; 
Revisions to Emissions Banking and Trading Programs for Area and Mobile 

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 revisions to the 
Texas State Implementation Plan (SIP) Emissions Banking and Trading 
Programs submitted on October 10, 2017. Specifically, we are approving 
revisions that clarify and expand the existing provisions for the 
generation and use of emission credits from area and mobile sources.

DATES: This rule is effective on January 8, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2017-0192. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our June 
8, 2017 proposal (82 FR 26634). In that document we proposed to approve 
via parallel processing the proposed revisions to the Texas Emissions 
Banking and Trading Programs for the generation and use of emission 
credits from area and mobile sources. We preliminarily determined that 
the proposed revisions were consistent with the CAA and the EPA's 
regulations and guidance for emissions trading.
    Under the EPA's ``parallel processing'' procedure, the EPA proposes 
a rulemaking action on a proposed SIP revision concurrently with the 
State's public review process. If the State's proposed SIP revision is 
not significantly changed, the EPA will finalize the rulemaking on the 
SIP revision as proposed after responding to any submitted comments. 
Final rulemaking action by the EPA will occur only after the final SIP 
revision has been fully adopted by the TCEQ and submitted formally to 
the EPA for approval as a revision to the Texas SIP. See 40 CFR part 
51, Appendix V.
    The TCEQ completed their state rulemaking process and adopted 
revisions on September 20, 2017. The TCEQ submitted these adopted 
changes as a revision to the Texas SIP on October 10, 2017. The EPA has 
evaluated the State's final SIP revision for any changes made from the 
time of proposal. Our evaluation indicates that the TCEQ made two types 
of revisions at adoption. First, the TCEQ made several non-substantive 
revisions to correct grammar, internal cross-references, and citations 
consistent with the Texas Register formatting guidance. The EPA has 
evaluated these non-substantive revisions and determined that they do 
not make any material changes to the regulations we proposed to 
approve. The TCEQ also made several substantive revisions at adoption 
that the EPA has evaluated and classified as logical outgrowth from our 
proposal. The EPA's evaluation of the adopted revisions is included in 
the ``Addendum to the Technical Support Document'' for EPA-R06-OAR-
2017-0192, available in the rulemaking docket.
    The EPA is proceeding with our final approval of the October 10, 
2017, revisions to the Texas SIP, consistent with the parallel 
processing provisions

[[Page 57678]]

in 40 CFR part 51, Appendix V. We did not receive any comments 
regarding our proposal. As such, we are proceeding with our final 
approval because the submitted final regulations adopted by the state 
do not alter our rationale for proposal presented in our June 8, 2017 
proposed rulemaking.

II. Final Action

    The EPA has determined that the October 10, 2017, revisions to the 
Texas SIP are consistent with the CAA and the EPA's policy and guidance 
on emissions trading. Therefore, under section 110 of the Act, the EPA 
approves the following revisions to the Texas SIP that were adopted on 
September 20, 2017, and submitted to the EPA on October 10, 2017:
     Revisions to 30 TAC Section 101.300;
     Revisions to 30 TAC Section 101.302;
     Revisions to 30 TAC Section 101.303;
     Revisions to 30 TAC Section 101.304;
     Revisions to 30 TAC Section 101.306;
     Revisions to 30 TAC Section 101.370;
     Revisions to 30 TAC Section 101.372;
     Revisions to 30 TAC Section 101.373;
     Revisions to 30 TAC Section 101.374; and
     Revisions to 30 TAC Section 101.376.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 6 Office (please contact Adina Wiley for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the SIP, have been incorporated by reference by EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking of EPA's approval, and will 
be incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation (62 FR 27968, May 22, 1997).

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, the 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 13563 (76 FR 3821, January 21, 
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 5, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a 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, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: December 1, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:


1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

[[Page 57679]]

Subpart SS--Texas

2. In Sec.  52.2270(c) the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by revising the entries for Sections 
101.300, 101.302, 101.303, 101.304, 101.306, 101.370, 101.372, 101.373, 
101.374, and 101.376 to read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
                                                      State approval/
        State citation              Title/subject        submittal      EPA approval date        Explanation
                                                  * * * * * * *
                                     Chapter 101--General Air Quality Rules
                                                  * * * * * * *
                                   Subchapter H--Emissions Banking and Trading
                                       Division 1--Emission Credit Program
Section 101.300...............  Definitions.........      09/20/2017  12/7/2017, [Insert
                                                                       Federal Register
                                                  * * * * * * *
Section 101.302...............  General Provisions..      09/20/2017  12/7/2017, [Insert
                                                                       Federal Register
Section 101.303...............  Emission Reduction        09/20/2017  12/7/2017, [Insert
                                 Credit Generation                     Federal Register
                                 and Certification.                    citation].
Section 101.304...............  Mobile Emission           09/20/2017  12/7/2017, [Insert
                                 Reduction Credit                      Federal Register
                                 Generation and                        citation].
                                                  * * * * * * *
Section 101.306...............  Emission Credit Use.      09/20/2017  12/7/2017, [Insert
                                                                       Federal Register
                                                  * * * * * * *
                                  Division 4--Discrete Emission Credit Program
Section 101.370...............  Definitions.........      09/20/2017  12/7/2017, [Insert
                                                                       Federal Register
                                                  * * * * * * *
Section 101.372...............  General Provisions..      09/20/2017  12/7/2017, [Insert
                                                                       Federal Register
Section 101.373...............  Discrete Emission         09/20/2017  12/7/2017, [Insert
                                 Reduction Credit                      Federal Register
                                 Generation and                        citation].
Section 101.374...............  Mobile Discrete           09/20/2017  12/7/2017, [Insert
                                 Emission Reduction                    Federal Register
                                 Credit Generation                     citation].
                                 and Certification.
                                                  * * * * * * *
Section 101.376...............  Discrete Emission         09/20/2017  12/7/2017, [Insert
                                 Credit Use.                           Federal Register
                                                  * * * * * * *

* * * * *

[FR Doc. 2017-26342 Filed 12-6-17; 8:45 am]