[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Rules and Regulations]
[Pages 11851-11858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5835]
[[Page 11851]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2005-TX-0026; FRL-8780-5]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to Permits by Rule and Regulations for Control of Air
Pollution by Permits for New Construction or Modification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking a direct final action to approve portions of
three revisions to the Texas State Implementation Plan (SIP) submitted
by the State of Texas on July 22, 1998, October 4, 2002, and September
25, 2003; these revisions amend existing sections and create new
sections in Title 30 of the Texas Administrative Code (TAC), Chapter
106--Permits by Rule and Chapter 116--Control of Air Pollution by
Permits for New Construction or Modification. The July 22, 1998,
revision repeals and replaces the Renewal Application Fees section with
a new section. The October 4, 2002, revision increases the
determination of fees for NSR permits, corrects addresses, and makes
other administrative changes. The September 25, 2003, revision
clarifies that an emission reduction credit must be certified and
banked to be creditable as an offset in the NSR permitting program,
repeals and replaces the section that addresses the use of emission
reductions as offsets for NSR permitting and the definition of ``offset
ratio,'' and makes administrative changes. EPA has determined that
these SIP revisions comply with the Clean Air Act and EPA regulations,
are consistent with EPA policies, and will improve air quality. This
action is being taken under section 110 and parts C and D of the
Federal Clean Air Act (the Act or CAA).
DATES: This direct final rule is effective on May 19, 2009 without
further notice, unless EPA receives relevant adverse comment by April
20, 2009. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2005-TX-0026, by one of the following methods:
(1) http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
(2) E-mail: Mr. Jeff Robinson at [email protected]. Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
paragraph below.
(3) U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
(4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at
fax number 214-665-6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
(6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2005-TX-0026. 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 e-mail, 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 e-
mail comment directly to EPA without going through http://www.regulations.gov, your e-mail 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: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the Air
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. A 15 cent per page fee will be charged for
making photocopies of documents. On the day of the visit, please check
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal related to this SIP revision, and which is part
of the EPA docket, is also available for public inspection at the State
Air Agency listed below during official business hours by appointment:
Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's direct final action, please contact Ms. Melanie Magee (6PD-R),
Air Permits Section, Environmental Protection Agency, Region 6, 1445
Ross Avenue (6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone
number is (214) 665-7161. Ms. Magee can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever any
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What Action Is EPA Taking?
[[Page 11852]]
II. What Did Texas Submit?
III. What Is EPA's Evaluation of These SIP Revisions?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are taking direct final action to approve portions of three
revisions to the Texas SIP submitted on July 22, 1998, October 4, 2002,
and September 25, 2003. The July 22, 1998 SIP submittal repeals the
existing SIP-approved rule addressing fees for permit renewal
applications and replaces it with a new rule establishing a fee
schedule for permit renewals under 30 TAC Chapter 116 based on the
total annual allowable emissions from the permitted facility. The
October 4, 2002, SIP submittal establishes the registration fee
requirements for Permits by Rule under 30 TAC Chapter 106, and revises
the air emission fee requirements found in 30 TAC Chapter 116 by
increasing fees based on estimated capital costs for new and renewal
permits and updating remittance information for the Texas Commission on
Environmental Quality (TCEQ). The September 25, 2003, SIP revision
updates the requirements for emission reductions to be used as NSR
offsets, removes an expired provision for the Houston/Galveston and
Beaumont/Port Arthur ozone nonattainment areas, and corrects errors in
the TCEQ's mailing address used for air permit fee remittance. We are
approving the repeal and replacement of section 116.313 submitted on
July 22, 1998. We are approving new section 106.50 submitted on October
4, 2002, as well as revisions to sections 116.141(b) and (e), 116.143
Introductory Paragraph, 116.163(a) and (b), 116.313(a) and (b), and
116.614. We are approving revisions to sections 116.12, 116.143,
116.150, and 116.313, and the repeal and replacement of section 116.170
and new section 116.172 submitted on September 25, 2003.
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on May 19, 2009
without further notice unless we receive relevant adverse comment by
April 20, 2009. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
II. What Did Texas Submit?
We are approving provisions from three SIP revisions that the TCEQ
submitted to EPA on July 22, 1998, October 4, 2002, and September 25,
2003. Copies of the revised rules as well as the Technical Support
Documents (TSDs) can be obtained from the Docket, as discussed in the
``Docket'' section above. A discussion of the specific Texas rule
changes that we are approving is included in the TSDs and summarized
below. The TSDs also contain a discussion as to why EPA is not taking
action on certain provisions of each Texas SIP submittal and documents
why these provisions are separable from the provisions that we are
approving. We are unable to act upon revisions to 30 TAC Chapter 101,
sections 101.24 and 101.27 for air emission and inspection fees
submitted on October 4, 2002, because previous revisions are still
pending for review by EPA. We are also unable to act upon the flexible
permit fee requirements at 30 TAC Chapter 116, section 116.750
submitted on October 4, 2002, because EPA has not yet approved the
flexible permit program. Additionally, we are unable to act upon
revisions to 30 TAC Chapter 116, sections 116.114, 116.115, 116.120,
116.315, and 116.715, submitted on September 25, 2003, because these
sections reference or rely upon non-SIP approved State regulations. EPA
will address these provisions, as appropriate, in separate actions.
A. July 22, 1998 Submittal
Section 116.313--Renewal Application Fees
The existing SIP-approved version of section 116.313 was adopted by
the State on August 16, 1993, and approved by EPA on March 10, 2006
(see 71 FR 12285). The State repealed and replaced the 1993 version of
section 116.313 with a similar program for assessing permit renewal
application fees on July 22, 1998. The 1998 version of new section
116.313 establishes a fee schedule for permit renewals under 30 TAC
Chapter 116 based on the total annual allowable emissions from the
permitted facility.
B. October 4, 2002 Submittal
1. Section 106.50--Registration Fees for Permits by Rule
The TCEQ adopted new section 106.50 to establish the registration
fees for permits by rule (PBR) issued under 30 TAC Chapter 106. These
registration fees cover the review and processing costs for the PBR
program. New section 106.50 specifies that PBR registration will be
$100 for small businesses and municipalities, counties, and independent
school districts; all other entities submitting PBR registration will
pay $450.
2. Section 116.141--Determination of Fees
The previous State version of section 116.141(a) through (e), which
is the existing SIP-approved version (see 67 FR 58697, September 18,
2002), established a fee schedule for NSR permits based on the
estimated capital cost of the project. The revisions to section
116.141(b) and (e) adopted by the TCEQ on September 25, 2002, increased
the fee from $450 to $900 for projects where the estimated capital cost
is less than $300,000 or the project consists of new facilities
controlled and operated directly by the federal government and federal
Prevention of Significant Deterioration (PSD) regulations do not apply.
For projects where the estimated capital cost is greater than $300,000
and PSD regulations do not apply, the fee was increased from 0.15% to
0.30% of the estimated capital cost. Additionally, the September 25,
2002 adoption increased the fee from $450 to $900 for a permit or
permit amendment not involving any capital expenditure.
3. Section 116.143--Payment of Fees
The previous State version of section 116.143, Introductory
Paragraph (1) and (2), which is the existing SIP-approved version (see
67 FR 58697, September 18, 2002), established the methods by which the
permit fees were to be submitted to the Texas Natural Resource
Conservation Commission (TNRCC).\1\ The revisions to section 116.143,
Introductory Paragraph, adopted by the TCEQ on September 25, 2002
replaced the references to the TNRCC with updated references to the
TCEQ, corrected the address for fee remittance, and provided additional
payment
[[Page 11853]]
options through certified check and electronic funds transfer.
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\1\ The TNRCC was changed to the TCEQ, effective September 1,
2002.
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4. Section 116.163--Prevention of Significant Deterioration Permit Fees
The previous State version of section 116.163, which is the
existing SIP-approved version (see 62 FR 44083, August 19, 1997),
established a fee schedule for PSD permits based on the estimated
capital cost of the project. The revisions to section 116.163(a) and
(b) adopted by the TCEQ on September 25, 2002, increased the fee from
$1,500 to $3,000 for projects where the estimated capital cost is less
than $300,000 or the project consists of new facilities controlled and
operated directly by the federal government for which an application is
submitted after January 1, 1987, and Federal PSD regulations do apply.
For projects where the estimated capital cost is greater than $300,000
and PSD regulations do apply, the fee was increased from 0.5% to 1.0%
of the estimated capital cost.
5. Section 116.313--Renewal Application Fees
The revisions to section 116.313(a) and (b) adopted by the TCEQ on
September 25, 2002, increased the base and incremental fees in the
permit renewal fee calculation and increased the minimum permit renewal
fee from $300 to $600. The revision to section (a) Renewal Fee Table
increases the base fee from $965 to $1,265 and $28 per ton for
allowable tons per year greater than 24 but less than or equal to 99.
Further, the revision to section (a) decreases the total allowable tons
per year from 994 to 651. It also increases the base fee from $2,840 to
$3,365 and increases the incremental fee from $8 per ton to $12 per
ton. Additionally, the September 25, 2002 revisions replaced the
references to the TNRCC with updated references to the TCEQ, corrected
the address for fee remittance, and provided additional payment options
through certified check and electronic funds transfer.
6. Section 116.614--Standard Permit Fees
The previous State version of section 116.614, which is the
existing SIP-approved version (see 68 FR 64543, November 14, 2003),
established the methods by which the permit fees for standard permits
were to be submitted to the TNRCC. The revisions to section 116.614
adopted by the TCEQ on September 25, 2002 replaced the references to
the TNRCC with updated references to the TCEQ, corrected the address
for fee remittance, and provided additional payment options through
certified check and electronic funds transfer.
C. September 25, 2003 Submittal
1. Section 116.12--Nonattainment Review Definitions
The previous State version of this section, which is the existing
SIP-approved version (see 69 FR 43572, July 22, 2004), established the
definitions to be used in the NSR permitting program. The revisions to
the introductory paragraph, and paragraphs (7)-(11), (13), and (18) of
section 116.12 adopted by the TCEQ on August 20, 2003, include minor
corrections to abbreviations, rule citations, and acronyms. In
116.12(14) the definition of ``offset ratio'' is amended to clarify
that a reduction creditable as an offset in the NSR permitting program
must be certified and banked as either an emission reduction credit
under 30 TAC Chapter 101, Subchapter H, Division 1 (approved at 71 FR
52698, September 6, 2006) or as a discrete emission reduction credit
under 30 TAC Chapter 101, Subchapter H, Division 4 (approved at 71 FR
52703, September 6, 2006).
2. Section 116.143--Payment of Fees
The revisions to section 116.143, Introductory Paragraph and (2),
adopted by the TCEQ on August 20, 2003, further revise the revisions
adopted by the TCEQ on September 25, 2002. The 2003 revision to the
introductory paragraph updates the mailing address for the TCEQ. The
revisions to (2) update the existing language by explaining when the
fee is due and stating the review of the permit application will not
begin until the fee is received.
3. Section 116.150--New Major Source or Major Modification in Ozone
Nonattainment Areas
The previous State version of section 116.150, which is the
existing SIP-approved version (see 65 FR 43986, July 17, 2000),
established requirements for new major sources and major modifications
in ozone nonattainment areas, including the nitrogen oxide
(NOX) waiver provisions at 116.150(c) for the Houston/
Galveston\2\ and Beaumont/Port Arthur ozone nonattainment areas. The
revisions to section 116.150 adopted by the TCEQ on August 20, 2003,
remove the NOX waiver provisions at 116.150(c). These
provisions were removed because the time period specified for the
NOX waiver has expired.
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\2\ Note that in 1999 when the NOX waiver was put in
place, the Houston/Galveston/Brazoria ozone nonattainment area was
designated the Houston/Galveston ozone nonattainment area.
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4. Section 116.170--Applicability of Emission Reductions as Offsets
The previous State version of section 116.170, which is the
existing SIP-approved version (see 67 FR 58697), was repealed and
replaced by the TCEQ on August 20, 2003. The new section 116.170
establishes the requirements for the use of emission reductions as
offsets for NSR permitting; consistent with the revisions to the
definition of ``offset ratio'' reductions to be used as NSR offsets
must be certified and banked under 30 TAC Chapter 101, Subchapter H,
Divisions 1 or 4. The previous requirements for emissions offsets from
rocket engine firing and cleaning have been moved to new section
116.172.
5. Section 116.172--Emissions Offsets From Rocket Engine Firing and
Cleaning
The TCEQ adopted new section 116.172 on August 20, 2003. This new
section contains the conditions under which emissions from rocket
engine firing or cleaning may be offset by alternative means. The
requirements for rocket engine firing and cleaning were moved without
changes from section 116.170 as a result of the repeal and replacement
of section 116.170, to new section 116.172.
6. Section 116.313--Renewal Application Fees
The revisions to section 116.313(b) adopted by the TCEQ on August
20, 2003, further revise the revisions adopted by the TCEQ on September
25, 2002. The 2003 revision to subsection (b) updates the mailing
address for the TCEQ.
III. What Is EPA's Evaluation of These SIP Revisions?
A. July 22, 1998 Submittal
The July 22, 1998 submittal (adopted June 17, 1998), which repealed
the SIP-approved section 116.313 and replaced it with a new section
116.313 is approvable. The new section 116.313 is necessary to
adequately implement the Chapter 116 permitting program for new
construction and modifications. The provisions found at section 116.313
are consistent with the fee assessment provisions of 110(a)(2)(L) of
the CAA. The new section 116.313 did not increase the fee assessment
established in the previously SIP-approved version of section 116.313.
New section 116.313 rearranged previous requirements and updated
mailing and billing information
[[Page 11854]]
from the Texas Air Control Board \3\ to the Texas Natural Resource
Conservation Commission.
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\3\ In 1993, the Texas Air Control Board merged with the Texas
Water Commission and the combined agency was renamed the Texas
Natural Resource Conservation Commission.
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B. October 4, 2002 Submittal
1. Section 106.50--Registration Fees for New Permits by Rule
New section 106.50 adopted by the TCEQ on September 25, 2002, is
approvable. The fees assessed by the TCEQ under section 106.50 are
necessary to adequately implement the Chapter 106 PBR program. These
requirements are consistent with 110(a)(2)(L) of the CAA. TCEQ made a
sufficient demonstration that these fees are necessary to cover the
cost of review and processing of PBRs.
2. Section 116.141--Determination of Fees
EPA approved section 116.141(a) and (c) through (e), on August 19,
1997 (62 FR 44083) into the Texas SIP. EPA approved section 116.141(b)
into the Texas SIP on September 18, 2002 (67 FR 58709). The revisions
to 116.141(b) and (e) adopted by the TCEQ on September 25, 2002, are
approvable. The fees assessed by the TCEQ under section 116.141 are
necessary to adequately implement the Chapter 116 permitting program
for new construction and modifications. These revisions are consistent
with 110(a)(2)(L) of the CAA. TCEQ made a sufficient demonstration that
these fee increases are necessary to cover the cost of review and
processing of NSR permits.
3. Section 116.143--Payment of Fees
On September 18, 2002, EPA approved section 116.143, Introductory
Paragraph and (1) and (2) into the Texas SIP (67 FR 58709). The
revisions to section 116.143, Introductory Paragraph, adopted by the
TCEQ on September 25, 2002, are approvable. The revisions to section
116.143 are non-substantive changes; updating the name and address of
the TCEQ (formerly the TNRCC) and allowing for additional payment
methods. These revisions do not impact the functionality of the air
permits for new construction or modification program.
4. Section 116.163--Prevention of Significant Deterioration Permit Fees
EPA approved section 116.163(a) through (e) into the Texas SIP on
August 19, 1997 (62 FR 44083). The revisions to 116.163(a) and (b)
adopted by the TCEQ on September 25, 2002, are approvable. The fees
assessed by the TCEQ under section 116.163 are necessary to adequately
implement the Chapter 116 permitting program for new construction and
modifications. These revisions are consistent with 110(a)(2)(L) of the
CAA. TCEQ made a sufficient demonstration that these fee increases are
necessary to cover the cost of review and processing of PSD permits.
5. Section 116.313--Permit Renewal Fees
On March 10, 2006, EPA approved section 116.313 into the Texas SIP
as adopted by the TCEQ on August 16, 1993 (71 FR 12285). TCEQ repealed
and replaced section 116.313 on June 17, 1998 with a new section
116.313. Section 116.313(a) and (b) was further revised on September
25, 2002. The new section 116.313 adopted by the TCEQ on June 17, 1998,
and further revised on September 25, 2002, is approvable. Section
116.313 and the subsequent revisions are necessary to adequately
implement the Chapter 116 permitting program for new construction and
modifications. These revisions are consistent with the fee assessment
provisions of 110(a)(2)(L) of the CAA. TCEQ made a sufficient
demonstration that these fee increases are necessary to cover the cost
of review and processing of PSD permits. Additionally, the non-
substantive changes; updating the name and address of the TCEQ and
allowing for additional payment methods, do not impact the
functionality of the air permits for new construction or modification
program.
6. Section 116.614--Standard Permit Fees
EPA previously approved section 116.614 into the Texas SIP on
November 14, 2003 (68 FR 64548). The revisions to section 116.614
adopted by the TCEQ on September 25, 2002, are approvable. The
revisions to section 116.614 are non-substantive changes; updating the
name and address of the TCEQ and allowing for additional payment
methods. These revisions do not impact the functionality of the air
permits for new construction or modification program.
C. September 25, 2003 Submittal
1. Section 116.12--Nonattainment Review Definitions
EPA approved section 116.12 into the Texas SIP on July 22, 2004 (69
FR 43752). The revisions to section 116.12 adopted by the TCEQ on
August 20, 2003, are approvable. The revisions to introductory
paragraph and (7)-(11), 13 and 18 of section 116.12 include several
minor changes to abbreviations, rule citations, and acronyms to conform
to Texas Register formatting. These revisions do not impact the
functionality of the air permits for new construction or modification
program.
Additionally, in section 116.12(14) TCEQ revised the definition of
``offset ratio'' to state that an emission reduction must be certified
under 30 TAC Chapter 101, Subchapter H, Divisions 1 or 4, to be
creditable as an offset under the NSR permitting program. The revisions
to the definition of ``offset ratio'' do not change EPA's initial
determination that the definition is consistent with the requirements
of section 173 of the CAA. The revisions only serve to reference TCEQ's
established emissions banking and trading programs. EPA proposed
approval of the Chapter 101, Subchapter H, Division 1 Emission Credit
Banking and Trading program, and conditional approval of the Division 4
Discrete Emission Credit Banking and Trading program on October 5,
2005, and finalized our approvals on September 6, 2006. Our proposed
rulemakings discuss our rationale that the credits generated under the
programs can be used as NSR offsets. The administrative record for
these rulemakings is available in the rulemaking dockets, EPA-R06-OAR-
2005-TX-0006 and EPA-R06-OAR-2005-TX-0029, respectively. These
revisions are consistent with 110(l) of the CAA.
2. Section 116.143--Payment of Fees
EPA approved section 116.143 into the Texas SIP on September 16,
2002 (67 FR 58697). The August 20, 2003, revisions to section 116.143
introductory paragraph do not substantively change the requirements of
section 116.143 adopted by the State on June 17, 1998 and further
revised on September 25, 2002. The revisions to 116.143 adopted by the
State on September 25, 2002, and further revised on August 20, 2003 are
approvable. These revisions do not impact the functionality of the air
permits for new construction or modification program. The revisions to
section (2) of 116.143 reorder existing language and further explain
the permit application review process. These revisions are consistent
with 110(l) of the CAA.
3. Section 116.150--New Major Source of Major Modification in Ozone
Nonattainment Areas
EPA approved section 116.150 into the Texas SIP on July 17, 2000
(65 FR 43986). The revisions to section 116.150, adopted August 20,
2003, are
[[Page 11855]]
approvable. These revisions remove the NOX waiver provisions
for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment
areas because the time period for the waiver has expired. This revision
is consistent with 110(l) of the CAA.
4. Section 116.170--Applicability of Emission Reductions as Offsets
The former Sec. 116.170 was approved by EPA into the Texas SIP on
September 18, 2002 (67 FR 58697). Subsection 116.170(2) is not in the
SIP. On August 20, 2003 Sec. 116.170 was repealed and replaced with a
new Sec. 116.170. The August 20, 2003, repeal and adoption of new
section 116.170 are approvable. The requirements for the use of
emission reductions as offsets for NSR permitting are consistent with
the revised definition of ``offset ratio'' and the TCEQ's established
emissions banking and trading programs. EPA proposed approval of the
Chapter 101, Subchapter H, Division 1 Emission Credit Banking and
Trading program, and conditional approval of the Division 4 Discrete
Emission Credit Banking and Trading program on October 5, 2005, and
finalized our approvals on September 6, 2006. Our proposed rulemakings
discuss our rationale that the credits generated under the programs can
be used as NSR offsets. The administrative record for these rulemakings
is available in the rulemaking dockets, EPA-R06-OAR-2005-TX-0006 and
EPA-R06-OAR-2005-TX-0029, respectively. This revision is consistent
with 110(l) of the CAA.
5. Section 116.172--Emissions Offsets From Rocket Engine Firing and
Cleaning
The August 20, 2003 adoption of new section 116.172 is approvable.
These provisions have been moved unchanged from the repealed section
116.170, which was SIP-approved September 18, 2002 as consistent with
the CAA. This revision is consistent with 110(l) of the CAA.
6. Section 116.313--Renewal Application Fees
EPA approved section 116.313 into the Texas SIP March 10, 2006 (71
FR 12285). The revisions to section 116.313, adopted August 20, 2003,
do not substantively change the requirements of section 116.313, as
adopted by TCEQ on June 17, 1998, and further revised on September 25,
2002. The revisions to update the mailing address of the TCEQ are non-
substantive and will not impact the NSR permit renewal process. New
section 116.313 as adopted by the State on June 17, 1998 and further
revised on September 25, 2002 and August 20, 2003 is approvable.
D. Does Approval of Texas's Rule Revisions Interfere With Attainment,
Reasonable Further Progress, or Any Other Applicable Requirement of the
Act?
Section 110(l) of the CAA states that EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
towards attainment of the National Ambient Air Quality Standards
(NAAQS) or any other applicable requirements of the Act. Our review of
the Texas SIP submittals indicate that the revisions will not interfere
with any applicable requirements concerning attainment and reasonable
further progress towards attainment of the NAAQS or any other
applicable requirements of the Act.
IV. Final Action
EPA is taking direct final action to approve revisions to the Texas
SIP submitted on July 22, 1998, October 4, 2002, and September 25,
2003. Specifically, EPA is approving the repeal and replacement of
section 116.313 submitted on July 22, 1998 to assess fee requirements
for permit renewals. EPA is also approving new fee provisions for
permits by rule at 30 TAC Chapter 106, Subchapter B, section 106.50
submitted October 4, 2002. We are also approving the following
revisions to the Texas SIP submitted on October 4, 2002: Revisions to
section 116.141(b) and (e) to increase permit fee determinations,
revisions to section 116.143 Introductory Paragraph to update the fee
payment information, revisions to section 116.163(a) and (b) to
increase permit fees for PSD permits, revisions to section 116.313(a)
and (b) to increase permit renewal fees and update fee remittance
information for the TCEQ, and revisions to section 116.614 to update
the fee remittance information for standard permits. We are also
approving the following revisions to the Texas SIP submitted on
September 25, 2003: Revisions to section 116.12 to update the
nonattainment review definitions, revisions to section 116.143 to
update the TCEQ's mailing address, revisions to section 116.150 to
remove the expired NOX waiver in the HGB nonattainment area,
and revisions to section 116.313 to update the TCEQ's mailing address.
We are also approving the September 25, 2003, repeal and replacement of
section 116.170 with a new section 116.170 that establishes the
requirements of emission reductions used as NSR offsets consistent with
the revised nonattainment review definitions under section 116.12 and
the current SIP approved trading programs under 30 TAC Chapter 101,
Divisions 1 and 4. Finally, we are approving new section 116.172
submitted on September 25, 2003, which establishes the requirements for
emission offsets from rocket engine firing and cleaning.
EPA is not taking action on the revisions to sections 101.24,
101.27, and 116.750 submitted on October 4, 2002 or revisions to
sections 116.114, 116.115, 116.120, 116.315, and 116.715, submitted on
September 25, 2003. These revisions remain under review by EPA and will
be addressed in separate actions.
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 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 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
[[Page 11856]]
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 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.
The Congressional Review Act, 5 U.S.C. section 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. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 19, 2009. 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: February 26, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, EPA Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. Section 52.2270 is amended as follows:
0
a. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 106--Permits by Rule, by
adding the following immediately after the existing entry section
106.13: A new centered heading entitled ``Subchapter B--Registration
Fees for New Permits by Rule'' followed by a new entry for section
106.50;
0
b. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
A--Definitions, by revising the entry for section 116.12;
0
c. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
B--New Source Review Permits, Division 4--Permit Fees, by revising the
entries for sections 116.141 and 116.143;
0
d. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
B--New Source Review Permits, Division 5--Nonattainment Review, by
revising the entry for section 116.150;
0
e. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
B--New Source Review Permits, Division 6--Prevention of Significant
Deterioration, by revising the entry for section 116.163;
0
f. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
B--New Source Review Permits, Division 7--Emission Reductions: Offsets,
by revising the entry for section 116.170 and adding a new entry in
numerical order for section 116.172;
0
g. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
D--Permit Renewals, by revising the entry for section 116.313;
0
h. In paragraph (c) the table entitled ``EPA Approved Regulations in
the Texas SIP'' is amended the under Chapter 116--Control of Air
Pollution by Permits for New Construction and Modification, Subchapter
F--Standard Permits, by revising the entry for section 116.614.
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 106--Permits by Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 11857]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter B--Registration Fees for New Permits by Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 106.50.................. Registration Fees for Permits by Rule...... 9/25/2002 3/20/2009 [Insert FR page
number where document
begins].
=================================
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
========================================================================================================================================================
Subchapter A--Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.12................. Nonattainment Review Definitions........... 8/20/2003 3/20/2009 [Insert FR page
number where document
begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter B--New Source Review Permits
========================================================================================================================================================
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Division 4--Permit Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.141................. Determination of Fees...................... 9/25/2002 3/20/2009 [Insert FR page
number where document
begins].
Section 116.143................. Payment of Fees............................ 8/20/2003 3/20/2009 [Insert FR page
number where document
begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Division 5--Nonattainment Review
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.150................. New Major Source or Major Modification in 8/20/2003 3/20/2009 [Insert FR page
Ozone Nonattainment Area. number where document
begins].
=================================
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Division 6--Prevention of Significant Deterioration Review
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.163................. Prevention of Significant Deterioration 9/25/2002 3/20/2009 [Insert FR page
Permit Fees. number where document
begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Division 7--Emission Reductions: Offsets
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.170................. Applicability of Emission Reductions as 8/20/2003 3/20/2009 [Insert FR page
Offsets. number where document
begins].
Section 116.172................. Emissions Offsets from Rocket Engine Firing 8/20/2003 3/20/2009 [Insert FR page
and Cleaning. number where document
begins].
=================================
[[Page 11858]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter D--Permit Renewals
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.313................. Renewal Application Fees................... 8/20/2003 3/20/2009 [Insert FR page
number where document
begins].
=================================
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter F--Standard Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.614................. Standard Permit Fees....................... 9/25/2002 3/20/2009 [Insert FR page
number where document
begins].
=================================
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E9-5835 Filed 3-19-09; 8:45 am]
BILLING CODE 6560-50-P