Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules 63933 

strategy; or (2) interference with 

attainment or maintenance of a national 

standard in the State in which the 

proposed source (or modification) is 

located or in a neighboring State. 

Each revision to an implementation 

plan submitted by a State under the 

Clean Air Act requires reasonable notice 

and public hearing prior to adoption by 

the State and submission to EPA as a 

SIP revision. The Administrator shall 

not approve a revision of a plan if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (as defined in section 171), or 

any other applicable requirement of this 

Act. EPA is proposing to approve these 

revisions because they improve the SIP 

in accordance with Section 110 of the 

Act. The reductions achieved through 

the permitting of grandfathered facilities 

program occur throughout the State of 

Texas and include reducing precursors 

to ozone (NOX and VOC) emissions. The 

NOX emissions reductions in certain 

regions of the State were relied upon in 

Texas’ ozone attainment demonstration 

plans and will provide benefits in 

reducing ozone concentrations in 

nonattainment areas and near 

nonattainment areas, as well as 

attainment areas. Further, the permitting 

of grandfathered sources will benefit the 

public due to reductions of air 

contaminants emitted from affected 

grandfathered facilities, and present the 

opportunity for public participation and 

comment in the permitting procedures 

for formerly grandfathered facilities. 

The program establishes requirements, 

procedures, deadlines and 

responsibilities for permit applications 

for facilities formerly exempt from 

permit requirements. 

III. Proposed Action 

EPA is proposing to approve revisions 

to the Texas SIP that includes 30 TAC 

Chapter 116, subchapter H: ‘‘Permits for 

Grandfathered Facilities,’’ sections 

116.770–772, 116.774–777, 116.779– 

781, 116.783, 116.785–788, 116.790, 

116.793–802, and 116.804–807, which 

Texas submitted on July 31, 2002. EPA 

is proposing to approve all of the July 

31, 2002, SIP revision submittal as part 

of the Texas NSR SIP except sections 

116.793–802 and 116.804–807, as 

discussed above. 

EPA is proposing to approve revisions 

to the Texas SIP that includes 30 TAC 

Chapter 116, Subchapter H: ‘‘Permits for 

Grandfathered Facilities,’’ sections 

116.778 and 116.803; and Subchapter I: 

‘‘Electric Generating Facility Permits,’’ 

section 116.919, which Texas submitted 

on September 4, 2002. EPA is proposing 

to approve all of the September 4, 2002, 

SIP revision submittal as part of the 

Texas NSR SIP except section 116.803 

as discussed above. 

EPA is proposing to approve revisions 

to the Texas SIP that include 30 TAC 

Chapter 116, Subchapter H: ‘‘Permits for 

Grandfathered Facilities’’ sections 

116.770 and 116.772, which Texas 

submitted on March 1, 2004. EPA is 

proposing to approve all of the March 1, 

2004, SIP revision submittal as part of 

the Texas NSR SIP 

The July 31, 2002, September 4, 2002, 

and March 1, 2004 submittals address 

the applicability and permitting 

requirements for grandfathered 

facilities. The revisions will contribute 

to improvement in overall air quality in 

Texas. We have evaluated the State’s 

submittal, determined that it meets the 

applicable requirements of the CAA and 

EPA air quality regulations, and is 

consistent with EPA policy. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Nonattainment, Ozone, 

Volatile organic compounds, Reporting 

and recordkeeping requirements. 

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

Dated: September 27, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2013–25262 Filed 10–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0594; FRL–9901–79– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revised Ambient Air Quality Standards 

for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve 

State Implementation Plan (SIP) 

revisions submitted by the 

Commonwealth of Virginia adding 

ambient air quality standards and 

associated reference conditions for Fine 

Particulate Matter (PM2.5) that are 

consistent with the 2013 National 

Ambient Air Quality Standards 

(NAAQS) for PM2.5. In the Final Rules 


tkelley on DSK3SPTVN1PROD with PROPOSALS
63934 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules 

section of this Federal Register, EPA is 

approving the State’s SIP submittal as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by November 25, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0594 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0594, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, Air 

Protection Division, Mailcode 3AP30, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0594. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. 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, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: September 20, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–25044 Filed 10–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0683; FRL–9902–01– 

Region9] 

Approval of Air Quality Implementation 

Plans; California; El Dorado County Air 

Quality Management District; 

Reasonably Available Control 

Technology for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by California for the 

El Dorado County Air Quality 

Management District (EDAQMD) 

portion of the California SIP. The 

submitted SIP revision contains the 

District’s demonstrations regarding 

Reasonably Available Control 

Technology (RACT) requirements for 

the 1997 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS). We are proposing to approve 

the submitted SIP revision under the 

Clean Air Act as amended in 1990 (CAA 

or the Act). We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Any comments must arrive by 

November 25, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0683, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 


tkelley on DSK3SPTVN1PROD with PROPOSALS