Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 65119 

demonstrates that emissions of volatile 

organic compounds from sources in a 

specific area are a significant 

contributor to that area’s ambient PM2.5

concentrations. 

* * * * * 

[FR Doc. 2012–25978 Filed 10–24–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0332; FRL—9743–6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to the New Source Review 

(NSR) State Implementation Plan (SIP); 

Antibacksliding of Major NSR SIP 

Requirements for the One-Hour Ozone 

National Ambient Air Quality 

Standards (NAAQS); Major 

Nonattainment NSR (NNSR) SIP 

Requirements for the 1997 Eight-Hour 

Ozone NAAQS; and Major NSR Reform 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the SIP for the State of Texas that relate 

to antibacksliding of Major NSR SIP 

Requirements for the one-hour ozone 

NAAQS; Major NNSR SIP requirements 

for the 1997 eight-hour ozone NAAQS; 

Major NSR Reform Program with 

Plantwide Applicable Limit (PAL) 

provisions; and non-PAL aspects of the 

Major NSR SIP requirements, because 

these changes comply with the Federal 

Clean Air Act (the Act or CAA) and EPA 

regulations and are consistent with EPA 

policies. Texas submitted revisions to 

these programs in two separate SIP 

submittals on March 11, 2011. On 

August 29, 2012, Texas submitted SIP 

revisions (adopted July 25, 2012) that it 

had previously proposed February 22, 

2012, for parallel processing. On May 3, 

2012, Texas provided a letter to EPA 

which included a demonstration 

showing how its submitted rules are at 

least as stringent as the Federal NSR 

Reform Program. EPA proposed 

approval of these revisions on June 20, 

2012. Today, EPA is approving the two 

SIP revisions submitted March 11, 2011; 

the revisions submitted August 29, 

2012; and the May 3, 2012, letter as part 

of the Texas NSR SIP. EPA is approving 

these provisions under section 110 and 

parts C and D of the Act. 

DATES: This rule is effective on 

November 26, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0332. All 

documents in this docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publically 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 

publically available only in hard copy 

form. Publically available docket 

materials are available either 

electronically through 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 Freedom of 

Information Act 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 or Mr. Bill Deese at 

(214) 665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittals, which are part 

of the EPA docket, are also available for 

public inspection at the State Air 

Agency during official business hours 

by appointment: Texas Commission on 

Environmental Quality (TCEQ), Office 

of Air Quality, 12124 Park 35 Circle, 

Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733; 

telephone (214) 665–7212; fax number 

(214) 665–6762; email address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is 

used, we mean EPA. 

Table of Contents 

I. Background 

A. What is the background of the Texas 

programs for major NSR for the eighthour NAAQS for ozone and for NSR 

reform? 

B. What changes did Texas submit? 

C. Proposal and Public Comments 

D. Overview of Today’s Final Rule 

II. What comments did we receive and what 

is our response to the comments? 

III. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

A. What is the background of the Texas 

programs for major NSR for the eighthour NAAQS for ozone and for NSR 

reform? 

1. Major NSR for the Eight-Hour 

NAAQS for Ozone 

On April 30, 2004, EPA promulgated 

regulations (69 FR 23858) that included 

requirements for implementing Major 

NSR for the 1997 eight-hour ozone 

NAAQS. On May 25, 2005, the TCEQ 

adopted SIP revisions to implement 

these requirements and submitted them 

to EPA on June 10, 2005. The EPA 

disapproved these regulations on 

September 15, 2010 (75 FR 56424) 

because the State’s regulations did not 

meet the requirements of the Act, 

Federal regulations, and were not 

consistent with EPA policy. On March 

11, 2011, TCEQ resubmitted the 

revisions adopted May 25, 2005, and 

submitted further revisions, adopted 

February 9, 2011, to address EPA’s 

September 15, 2010, disapproval. 

Sections I.B and I.D of this preamble 

include further details on TCEQ’s 

submission. 

2. NSR Reform 

On December 31, 2002 (67 FR 80186), 

EPA promulgated its NSR Reform 

Program. On November 7, 2003 (68 FR 

63021), EPA promulgated a final action 

on its reconsideration of the December 

31, 2002, NSR Reform Program’s rules. 

On January 11, 2006, TCEQ adopted its 

regulations for NSR Reform and on 

February 1, 2006, submitted these 

regulations to EPA for SIP approval. 

EPA disapproved these regulations on 

September 15, 2010 (75 FR 56424) 

because the State’s regulations did not 

meet the requirements of the Act, 

Federal regulations, and were not 

consistent with EPA policy. On March 

11, 2011, TCEQ resubmitted the 

revisions adopted January 11, 2006, and 

submitted further revisions, adopted 

February 9, 2011, to address the grounds 

for EPA’s September 15, 2010, 

disapproval. On February 22, 2012, 

TCEQ proposed additional revisions to 

these regulations and requested that 

EPA parallel process these revisions 

with the revisions submitted March 11, 

2011, based upon the revisions that 

TCEQ proposed February 22, 2012. The 

TCEQ adopted these proposed revisions 

on July 25, 2012, and submitted them to 

EPA on August, 29, 2012. Finally, TCEQ 

submitted a letter dated May 3, 2012, to 


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65120 Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 

1The Technical Support Document is in the 

docket for this action as document number EPA– 

R06–OAR–2011–0332–0008. You can access this 

document at http://www.regulations.gov/ 

#!documentDetail;D=EPA–R06–OAR–2011–0332– 

0008. After you open this address, click on the 

‘‘PDF’’ icon to open the document. 

EPA to meet its Federal NSR Reform 

Program demonstration requirements 

that provides its interpretation of certain 

NSR Reform rules to further clarify and 

ensure implementation consistent with 

the Federal NSR Reform Program. 

Sections I.B and I.D of this preamble 

include further details of what TCEQ 

submitted. 

B. What changes did Texas submit? 

On March 11, 2011, the TCEQ 

submitted the following revisions to the 

Texas SIP: 

• New Source Review for Eight-Hour 

Ozone Standard; Rule Project Number 

2005–009–116–AI, adopted May 25, 

2005. These revisions were originally 

submitted on June 10, 2005. EPA 

disapproved these SIP revisions on 

September 15, 2010, 75 FR 56424. The 

revisions submitted March 11, 2011, 

included the resubmittal of the 2005 

revisions in order to reinstate before us 

for a new action, the rules that we 

disapproved in 2010. 

• Federal New Source Review Permit 

Rules Reform; Rule Project Number 

2006–010–116–PR, adopted January 11, 

2006. These revisions were originally 

submitted on February 1, 2006. EPA 

disapproved these SIP revisions on 

September 15, 2010, 75 FR 56424. The 

revisions submitted March 11, 2011, 

included the resubmittal of the 2006 

revisions in order to reinstate before us 

for a new action, the rules that we 

disapproved in 2010. 

• New Source One-Hour Ozone Major 

Source Thresholds and Emission 

Offsets; Rule Project Number 2008–030– 

116–PR, were adopted February 9, 2011, 

and submitted March 11, 2011. 

• New Source Review (NSR) Reform; 

Rule Project Number 2010–008–116–PR, 

were adopted February 9, 2011, and 

submitted March 11, 2011. 

• NSR Reform Revisions; Rule Project 

Number 2012–015–116–AI, were 

adopted July 25, 2012, and submitted 

August 29, 2012; which include 

revisions proposed February 22, 2012, 

for parallel processing. 

• A letter dated May 3, 2012, which 

requested that EPA parallel process the 

revisions proposed February 22, 2012, 

and further included a demonstration 

showing that certain of its submitted 

rules are at least as stringent as the 

Federal NSR Reform Program. 

Additional information on the 

submitted SIP revisions is included in 

the proposed rulemaking for this final 

rule and in the Technical Support 

Document (TSD) which is located in the 

docket.1

C. Proposal and Public Comments 

On June 20, 2012, EPA proposed to 

approve these revisions (77 FR 36964). 

We established a public comment 

period and requested that interested 

parties submit comments on the 

proposal for a period of 30 days (until 

July 20, 2012). We received comments 

from one industry group and three 

citizens. We address these comments in 

section II of this preamble. 

D. Overview of Today’s Final Rule 

As discussed above, we reviewed the 

rules that TCEQ submitted in two 

submittals dated March 11, 2011, and 

August 29, 2012. We proposed to 

approve the latter submittal, as 

proposed by TCEQ on February 22, 

2012, using our parallel processing 

authority. TCEQ adopted the latter 

submittal on July 25, 2012, without 

change from its proposal. 

In summary, we are approving the 

following revisions that TCEQ 

submitted to ensure that the rules are 

consistent with Federal requirements 

and approvable by EPA: 

• Anti-backsliding of major NSR SIP 

requirements for the one-hour 

ozone NAAQS, in areas that are also 

nonattainment for the eight-hour 

ozone NAAQS. 

• The Federal requirements for 

applicability of the 8-hour ozone 

requirements in non-attainment 

areas being the date of issuance of 

the permit. 

• The Plantwide Applicability Limit 

(PAL) provisions as follows: 

Æ Limited PALs to existing major 

stationary sources. 

Æ Created provisions for PAL reopenings to make corrections that 

relating to PAL increases; PAL 

decreases; new applicable 

requirements (for example, NSPS); 

reductions to PALs to avoid causing 

or contributing to a violation to a 

NAAQS or PSD increment or an 

quality related value identified for a 

Federal Class I area. 

Æ Created revisions for PAL 

invalidation for failure to use a 

monitoring system prescribed by 

the PAL. 

Æ Adopted provisions to clarify that 

PALs are applicable to major 

stationary sources only and the 

TCEQ added language to require 

that all emission units at the major 

stationary source that emit the PAL 

pollutant be included in the PAL 

permit application. 

Æ Adopted necessary definition 

changes for ‘‘baseline actual 

emissions’’ that specify that the 

calculations of baseline actual 

emissions for a PAL is an average 

rate. 

Æ Adopted new definitions for the 

PAL program specific monitoring 

definitions in its rules such as 

Continuous Emissions Monitoring 

System (CEMS), Continuous 

Emissions Rate Monitoring System 

(CERMS), Continuous Parameter 

Monitoring System (CPMS), and 

Predictive Emissions Monitoring 

System (PEMS). 

Æ Modified the definition of ‘‘plantwide applicability limit effective 

date’’ by removing references to the 

date a Flexible Permit was issued. 

TCEQ also provided a clarification 

letter to EPA on May 3, 2012, which 

includes: 

• A written demonstration for how 

the definition of ‘‘plantwide 

applicability limit’’ provides that 

emission limits in its PAL Permits meets 

the Federal requirements for being 

enforceable as a practical matter. 

• A written demonstration that 

monitoring data must meet minimum 

legal requirements for admissibility in a 

judicial proceeding to enforce the PAL. 

• A written clarification that the 

Texas rules provides for the PAL limit 

to be enforced on a 12-month rolling 

average, and that for compliance 

purposes, the emission calculations 

must include emissions from startups, 

shutdowns, and malfunctions, including 

outlining that their rules require 

regulated entities, regardless of whether 

they have a PAL permit, to record (and 

in some cases report) emissions events, 

which include unscheduled 

maintenance, startup, and shutdown 

(MSS) activity emissions, with 

additional clarification that emissions 

from malfunctions are unauthorized 

emissions as defined in 30 TAC 

101.1(107); therefore, they are 

unauthorized (non-compliant) 

emissions. 

TCEQ also addressed EPA’s concerns 

about several non-PAL aspects of the 

major NSR SIP requirements including: 

• Explicitly limiting the definition of 

‘‘Facility’’ to an emissions unit by 

adding the clarification language that 

the use of ‘‘facility’’ by adding ‘‘or 

emissions unit’’ to the terms ‘‘facility’’ 

or ‘‘facilities.’’ 

• Revising the definitions of 

‘‘baseline emissions’’ and ‘‘projected 

actual emissions’’ to require the 

inclusion of emissions resulting from 

startups and shutdowns. 


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• Revisions to clarify that startup and 

shutdown emissions reported under 

Chapter 101 be included in the 

calculation of baseline actual emissions 

but only to the extent that they have 

been authorized or are being authorized 

to ensure that non-compliant emissions 

are excluded from baseline actual 

emissions. 

• Amending the definition of 

‘‘projected actual emissions’’ by 

replacing the phrase ‘‘unauthorized 

emissions from startup and shutdown 

activities’’ with ‘‘emissions from 

planned maintenance, startup, or 

shutdown activities,’’ which were 

historically unauthorized and subject to 

reporting under Chapter 101 to ensure 

that this definition is compatible with 

the definition of ‘‘baseline actual 

emissions.’’ 

We are taking final action to approve 

these revisions for the reasons discussed 

in the EPA’s June 20, 2012, proposal, 

and in our response to comments 

discussed in section II. Please refer to 

the proposal and the TSD for the 

additional information on the basis for 

this final action. 

II. What comments did we receive and 

what is our response to the comments? 

We received comments from the 

Texas Industry Project (TIP) and from 

three citizens. These comments and our 

responses are summarized below. 

A. Comment Relating To Invalidation of 

PAL Permits Because of Monitoring 

Malfunctions or Downtime 

Comment. We received a comment 

from TIP requesting that EPA confirm 

that its interpretation of proposed 

revisions to 30 TAC 116.186(b)(9) and 

associated Federal PAL provisions that 

PAL permits will not be invalidated 

because of monitoring malfunctions and 

other downtime. The commenter stated 

that each of these provisions states that 

‘‘[f]ailure to use a monitoring system 

that meets the requirements of this 

section renders the PAL permit invalid’’ 

as stated at 37 Tex. Reg. 1661, 1674 

(March 9, 2012); and in the Federal 

rules at 40 CFR 51.165(f)(12)(i)(D) and 

51.166(w)(12)(i)(d). This would be 

consistent with TCEQ’s interpretation, 

which is: ‘‘[T]he phrase ‘failure to use’ 

in EPA’s rule means failure to install or 

operate the prescribed monitoring 

device or system to operate under a PAL 

permit, rather than an inadvertent 

malfunction or maintenance downtime 

of the monitoring device or system.’’ See 

37 Tex. Reg. at 1663. This also appears 

to be consistent with EPA’s 

interpretation. See 75 FR 56424, at 

56438 (September 15, 2010) (indicating 

EPA’s intent to require State PAL 

programs to provide for ‘‘invalidating 

the PAL if there is no compliance with 

the required monitoring’’). This 

interpretation is also consistent with 

other PAL provisions that acknowledge 

the possibility of monitoring 

malfunctions or other downtime. For 

example, the ‘‘monitoring system’’ can 

rely on emissions factors. See 40 CFR 

51.165(f)(12)(ii)(D) and 

51.166(w)(12)(ii)(d); and 30 TAC 

116.186(c)(3)(D). The rules also require 

recording and reporting maximum 

emissions ‘‘during any period of time 

that there is no monitoring data,’’ unless 

another method is specified in the 

permit. See 40 CFR 51.165(f)(12)(vii) 

and 51.166(w)(12)(vii); and 30 TAC 

116.186(b)(8). As another example, the 

rules call for periodic reporting of 

‘‘deviations or monitoring 

malfunctions.’’ See 40 CFR 

51.165(f)(14)(i)(E) and 

51.166(w)(14)(i)(e); and 30 TAC 

116.186(b)(4)(C)(v). 

Response. EPA confirms that the 

requirements in 30 TAC 116.116(b)(9) 

do not require PAL permits to be 

invalidated because of monitoring 

malfunctions or maintenance performed 

in accordance with applicable Federal 

regulations and with appropriate 

backup and provision for substitute 

data. EPA’s December 31, 2002, NSR 

Reform rulemaking provides: 

You will also need to provide calculations 

for the maximum potential emissions 

without considering enforceable emission 

limitations or operational restrictions for 

each unit in order to determine emissions 

during periods when the monitoring system 

is not in operation or fails to provide data. 

In lieu of the permit requiring maximum 

potential emissions during periods when 

there is no monitoring data, you may propose 

another alternate monitoring approach as a 

backup. This backup monitoring, however 

must still meet the minimum requirements 

for the monitoring approaches prescribed in 

the regulation. 

See 67 FR 80186, at 80213. The 

requirement is also provided in the 

Federal PAL rule at 40 CFR 

51.165(f)(12)(vii) and 51.166(w)(12)(vii). 

The Federal PAL rule contemplates 

circumstances when the monitoring 

system is not in operation or fails to 

provide data (such as during periods of 

malfunction or maintenance) during 

which the PAL permit need not be 

invalidated when the applicant either 

provides calculations for the maximum 

potential emissions without considering 

enforceable emission limitations or 

operational restrictions for each unit in 

order to determine emissions or uses 

another alternate monitoring approach 

that meet the minimum requirements 

for the monitoring approaches 

prescribed in the regulation. 

TCEQ outlined in its July 25, 2012, 

adoption, the following: 

Any invalidation of a PAL permit will be 

subject to necessary and appropriate 

procedures in the Texas statutes and TCEQ 

rules. Texas Water Code (TWC), § 7.302, 

regarding Grounds for Revocation or 

Suspension of Permit, provides the 

commission the authority to suspend or 

reissue a permit on prescribed grounds after 

notice and hearing. Prior to any invalidation 

of a PAL permit, the commission anticipates 

enforcement action that could include a 

request for revocation. 

See the August 29, 2012, submittal of 

revisions to 30 TAC 116.186(b)(9), final 

rule, Section by Section Discussion, on 

pages 9–10. Furthermore, the 

requirements relating to periods when 

monitoring data are not available 

because of monitoring malfunctions or 

maintenance are included in 30 TAC 

116.186(b)(8) which provides that 

during the absence of monitoring data, 

‘‘[a] source owner or operator shall 

record and report maximum potential 

emissions without considering 

enforceable emission limitations or 

operational restrictions for a facility 

during any period of time that there is 

no monitoring data, unless another 

method for determining emissions 

during such periods is specified in the 

PAL permit special conditions.’’ The 

requirements of 30 TAC 116.186(b)(8) 

are approvable because they meet the 

requirements of 40 CFR 

51.165(f)(12)(vii) and 51.166(w)(12)(vii) 

as discussed above. 

B. Comment Relating to Interference 

With Attainment, Reasonable Further 

Progress, or Any Other Applicable 

Requirement of the Act 

Comment. TIP commented that it 

supports EPA’s proposed approval of 

each applicable Texas regulation 

because these regulations comply with 

the Federal Clean Air Act and are 

important components of Texas’s 

stationary source permitting program. 

TIP further agrees with EPA’s analysis 

that the Texas PAL rules are 

environmentally protective because they 

‘‘will generally be established at a level 

that is lower than the allowable 

emissions established in the pre-existing 

permit’’ and ‘‘create[] [an] incentive for 

an owner or operator to create room for 

growth.’’ See 77 FR 36964, at 36979. 

Response. EPA acknowledges the 

above comment. 

C. General Comments 

EPA received three comments from 

citizens on this proposed rule. Each of 

these comments relates to the proposed 


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New Source Performance Standard 

(NSPS) for Greenhouse Gases which is 

outside the scope of this action. 

III. Final Action 

Under section 110(k)(3) and parts C 

and D of the Act and for the reasons 

stated above, EPA approves the 

following revisions to the Texas SIP: 

• Revisions to 30 TAC 116.12— 

Nonattainment and Prevention of 

Significant Deterioration Review 

Definitions—adopted May 25, 2005, 

submitted June 10, 2005, and 

resubmitted March 11, 2011; revisions 

adopted January 11, 2006, submitted 

February 1, 2006, and resubmitted 

March 11, 2011; two revisions adopted 

February 9, 2011, submitted March 11, 

2011; revisions adopted July 25, 2012, 

and submitted August 29, 2012; and the 

letter from TCEQ to EPA dated May 3, 

2012, which clarifies TCEQ’s 

interpretation of 30 TAC 116.12(22). 

• Revisions to 30 TAC 116.115— 

General and Special Conditions— 

adopted February 9, 2011, and 

submitted March 11, 2011. 

• New 30 TAC 116.127—Actual to 

Projected Actual and Emission 

Exclusion Test for Emissions—adopted 

January 11, 2006, submitted February 1, 

2006 (as 30 TAC 116.121) and 

resubmitted March 11, 2011; and 

revisions adopted February 9, 2011, and 

submitted March 11, 2011, which 

redesignated this section to 30 TAC 

116.127. 

• Revisions to 30 TAC 116.150—New 

Major Source or Major Modification in 

Ozone Nonattainment Area—adopted 

May 25, 2005, submitted June 10, 2005, 

and resubmitted March 11, 2011; 

revisions adopted January 11, 2006, 

submitted February 1, 2006, and 

resubmitted March 11, 2011; and 

revisions adopted July 25, 2012, and 

submitted August 29, 2012. 

• Revisions to 30 TAC 116.151—New 

Major Source or Major Modification in 

Nonattainment Areas Other Than 

Ozone—adopted January 11, 2006, 

submitted February 1, 2006, and 

resubmitted March 11, 2011 (without 

further revision); and revisions adopted 

July 25, 2012, and submitted August 29, 

2012. 

• New 30 TAC 116.180— 

Applicability—adopted January 11, 

2006, submitted February 1, 2006, and 

resubmitted March 11, 2011; revisions 

adopted February 9, 2011, and 

submitted March 11, 2011; and 

revisions adopted July 25, 2012, and 

submitted August 29, 2012. 

• New 30 TAC 116.182—Plant-Wide 

Applicability Permit—adopted January 

11, 2006, submitted February 1, 2006, 

and resubmitted March 11, 2011; and 

revisions adopted February 9, 2011, and 

submitted March 11, 2011. 

• New 30 TAC 116.184—Application 

Review Schedule—adopted January 11, 

2006, submitted February 1, 2006, and 

resubmitted March 11, 2011 (without 

further revision). 

• New 30 TAC 116.186—General and 

Specific Conditions—adopted January 

11, 2006, submitted February 1, 2006, 

and resubmitted March 11, 2011; 

revisions adopted February 9, 2011, and 

submitted March 11, 2011; revisions 

adopted July 25, 2012, and submitted 

August 29, 2012; and the letter from 

TCEQ to EPA dated May 3, 2012, which 

clarifies TCEQ’s interpretation of 30 

TAC 116.186. 

• New 30 TAC 116.188—Plant-Wide 

Applicability Limit—adopted January 

11, 2006, submitted February 1, 2006, 

and resubmitted March 11, 2011; and 

revisions adopted February 9, 2011, and 

submitted March 11, 2011. 

• New 30 TAC 116.190—Federal 

Nonattainment and Prevention of 

Significant Deterioration Review— 

adopted January 11, 2006, submitted 

February 1, 2006, and resubmitted 

March 11, 2011; and revisions adopted 

February 9, 2011, and submitted March 

11, 2011. 

• New 30 TAC 116.192— 

Amendments and Alterations—adopted 

January 11, 2006, submitted February 1, 

2006, and resubmitted March 11, 2011; 

and revisions adopted February 9, 2011, 

and submitted March 11, 2011. 

• New 30 TAC 116.196—Renewal of 

a Plant-Wide Applicability Limit 

Permit—adopted January 11, 2006, 

submitted February 1, 2006; and 

resubmitted March 11, 2011 (without 

further revision). 

• New 30 TAC 116.198—Expiration 

or Voidance—adopted January 11, 2006, 

submitted February 1, 2006, and 

resubmitted March 11, 2011 (without 

further revision). 

EPA is also amending the second 

table under 40 CFR 52.2270(e) entitled 

‘‘EPA Approved Nonregulatory and 

Quasi-Regulatory Measures in the SIP’’ 

to include TCEQ’s May 3, 2012, ‘‘Letter 

of explanation and interpretation of the 

Texas SIP for NSR Reform.’’ 

Finally, EPA is amending 40 CFR 

52.2273(d) to remove the references to 

rules that were disapproved September 

15, 2010, and which are now approved 

in this action. 

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. See 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 notice merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this final 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 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. 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 


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Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 65123 

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 in 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 December 24, 

2012. 

Filing a petition for reconsideration 

by the Administrator of this final rule 

does not affect the finality of this action 

for 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, Incorporation by 

reference, Intergovernmental relations, 

Carbon monoxide, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Sulfur oxides, Volatile organic 

compounds. 

Dated: October 11, 2012. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. Section 52.2270 is amended as 

follows: 

■ a. The table in paragraph (c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended as follows: 

■ i. By revising the entries under 

‘‘Chapter 116 (Reg 6)—Control of Air 

Pollution by Permits for New 

Construction or Modification’’ for 

Sections 116.12, 116.115, 116.150, and 

116.151. 

■ ii. By adding a new entry for Section 

116.127 in numerical order under 

Chapter 116 (Reg 6), Subchapter B— 

New Source Review Permits, and 

Division 1—Permit Application. 

■ iii. By adding a new heading 

immediately following the entry for 

Section 116.176 entitled ‘‘Subchapter 

C—Plant-Wide Applicability Limits’’, 

followed by a new heading entitled 

‘‘Division 1—Plant-Wide Applicability 

Limits’’, followed by new entries for 

Sections 116.180, 116.182, 116.184, 

116.186, 116.188, 116.190, 116.192, 

116.196, and 116.198. 

■ b. Paragraph (e) is amended by adding 

a new entry for ‘‘Letter of explanation 

and interpretation of the Texas SIP for 

NSR Reform’’ at the end of the second 

table in paragraph (e) entitled ‘‘EPA 

Approved Nonregulatory Provisions and 

Quasi-Regulatory Measures in the Texas 

SIP.’’ 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/Subject State approval/ 

submittal date EPA approval date Explanation 

*******

Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification 

Subchapter A—Definitions 

*******

Section 116.12 ....... Nonattainment and Prevention 

of Significant Deterioration 

Review Definitions.

7/25/2012 10/25/2012, [Insert FR page 

number where document 

begins].

The SIP includes TCEQ’s letter 

dated 5/3/2012, which explains 

and clarifies TCEQ’s interpretation of the definition of ‘‘plantwide applicability limit’’ in paragraph (22). 

* * * * * * * 

Subchapter B—New Source Review Permits 

Division 1—Permit Application 

*******

Section 116.115 ..... General and Special Conditions.2/9/2011 10/25/2012, [Insert FR page 

number where document 

begins].

* * * * * * * 

Section 116.127 ..... Actual to Projected Actual and 

Emission Exclusion Test for 

Emissions.

2/9/2011 10/25/2012, [Insert FR page 

number where document 

begins].


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65124 Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/Subject State approval/ 

submittal date EPA approval date Explanation 

*******

Division 5—Nonattainment Review 

Section 116.150 ..... New Major Source or Major 

Modification in Ozone Nonattainment Area.

7/25/2012 10/25/2012, [Insert FR page 

number where document 

begins].

Section 116.151 ..... New Major Source or Major 

Modification in Nonattainment Area Other than 

Ozone.

7/25/2012 10/25/2012, [Insert FR page 

number where document 

begins].

* * * * * * * 

Subchapter C—Plant-wide Applicability Limits 

Division 1—Plant-wide Applicability Limits 

Section 116.180 ..... Applicability ............................. 7/25/2012 10/25/2012, [Insert FR page 

number where document 

begins].

Section 116.182 ..... Plant-Wide Applicability Limit 

Permit Application.

2/9/2011 10/25/2012, [Insert FR page 

number where document 

begins].

Section 116.184 ..... Application Review Schedule .. 1/11/2006 10/25/2012, [Insert FR page 

number where document 

begins].

Section 116.186 ..... General and Specific Conditions.7/25/2012 10/25/2012, [Insert FR page 

number where document 

begins].

The SIP includes TCEQ’s ‘‘Letter 

of explanation and interpretation 

of the Texas SIP for NSR Reform’’ dated 5/3/2012, which explains and clarifies TCEQ’s interpretation of paragraphs (a), 

(b)(9) and (c)(2). 

Section 116.188 ..... Plant-Wide Applicability Limit .. 2/9/2011 10/25/2012, [Insert FR page 

number where document 

begins].

Section 116.190 ..... Federal Nonattainment and 

Prevention of Significant Deterioration Review.

2/9/2011 10/25/2012, [Insert FR page 

number where document 

begins].

Section 116.192 ..... Amendments and Alterations .. 2/9/2011 10/25/2012, [Insert FR page 

number where document 

begins].

Section 116.196 ..... Renewal of Plant-Wide Applicability Limit Permit.1/11/2006 10/25/12, [Insert FR page 

number where document 

begins].

Section 116.198 ..... Expiration and Voidance ......... 1/11/2006 10/25/2012, [Insert FR page 

number where document 

begins].

* * * * * * * 

* * * * * (e) * * * 

* * * * * 


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Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 65125 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Comments 

*******

Letter of explanation and interpretation of the Texas SIP 

for NSR Reform.

Statewide ............................... 5/3/2012 10/25/2012, [Insert FR page 

number where document 

begins].

Letter dated 5/3/2012 from 

TCEQ to EPA explains and 

clarifies TCEQ’s interpretation of section 116.12(22); 

and section 116.186(a), 

(b)(9), and (c)(2). 

* * * * * 

■ 3. Section 52.2273(d) is amended as 

follows: 

■ a. By removing paragraphs (d)(1)(ii) 

through (iii). 

■ b. By removing and reserving 

paragraphs (d)(2) through (3). 

■ c. By removing and reserving 

paragraphs (d)(4)(i) through (vii). 

■ d. By removing paragraphs (d)(4)(ix) 

through (x). 

§ 52.2273 Approval status. 

* * * * * 

(d) * * * 

* * * * * 

(2)–(3) [Reserved] 

(4) * * * 

(i)–(vii) [Reserved] 

* * * * * 

[FR Doc. 2012–26094 Filed 10–24–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–1012; FRL–9739–1] 

Approval and Promulgation of 

Implementation Plans; Georgia 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) submissions, submitted by the 

State of Georgia, through the Georgia 

Department of Natural Resources’ 

Environmental Protection Division 

(EPD), as demonstrating that the State 

meets the SIP requirements of sections 

110(a)(1) and (2) of the Clean Air Act 

(CAA or the Act) for the 1997 annual 

and 2006 24-hour fine particulate matter 

(PM2.5) national ambient air quality 

standards (NAAQS), with noted 

exceptions. Section 110(a) of the CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance, and enforcement of each 

NAAQS promulgated by the EPA, which 

is commonly referred to as an 

‘‘infrastructure’’ SIP. Georgia certified 

that the Georgia SIP contains provisions 

that ensure the 1997 annual and 2006 

24-hour PM2 NAAQS are implemented, 

enforced, and maintained in Georgia 

(hereafter referred to as ‘‘infrastructure 

submission’’). Georgia’s infrastructure 

submissions, provided to EPA on July 

23, 2008, and supplemented on 

September 9, 2008 and October 21, 

2009, address all the required 

infrastructure elements for the 1997 

annual and 2006 24-hour PM2 NAAQS. 

In addition, EPA is clarifying an 

inadvertent error included in the 

proposed approval for this rule. 

DATES: This rule will be effective 

November 26, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2010–1012. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., 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 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. EPA’s Response to Comments 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. On 

July 18, 1997 (62 FR 36852), EPA 

promulgated a new annual PM2.5

NAAQS and on October 17, 2006 (71 FR 

61144), EPA promulgated a new 24-hour 

NAAQS. On June 15, 2012, EPA 

proposed to approve Georgia’s July 23, 

2008, and October 21, 2009, 

infrastructure submissions for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

See 77 FR 35909. A summary of the 

background for today’s final action is 

provided below. See EPA’s June 15, 

2012, proposed rulemaking at 77 FR 

35909 for more detail. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 


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