60314 Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Proposed Rules 

centerline of Runway 8/26, thence south 

to the north shore of the Columbia 

River, thence west via the north shore 

of the Columbia River to the 5-mile arc 

from Portland International Airport, 

thence clockwise via the 5-mile arc to 

point of beginning. 

§ 93.163 Aircraft operations. 

(a) Unless otherwise authorized by 

ATC, no person may operate an aircraft 

within the airspace described in 

§ 93.162, or taxi onto the runway at 

Pearson Field, unless— 

(1) That person establishes two-way 

radio communications with Pearson 

Advisory on the common traffic 

advisory frequency for the purpose of 

receiving air traffic advisories and 

continues to monitor the frequency at 

all times while operating within the 

specified airspace. 

(2) That person has obtained the 

Pearson Field weather prior to 

establishing two-way communications 

with Pearson Advisory. 

(b) Notwithstanding the provisions of 

paragraph (a) of this section, if two-way 

radio communications failure occurs in 

flight, a person may operate an aircraft 

within the airspace described in 

§ 93.162, and land, if weather 

conditions are at or above basic VFR 

weather minimums. If two-way radio 

communications failure occurs while in 

flight under IFR, the pilot must comply 

with § 91.185 of this chapter. 

(c) Unless otherwise authorized by 

ATC, persons operating an aircraft 

within the airspace described in 

§ 93.162 must— 

(1) When operating over the extended 

centerline of Pearson Field Runway 8/ 

26, maintain an altitude at or below 700 

feet above mean sea level. 

(2) Remain outside Portland Class C 

Airspace. 

(3) Make a right traffic pattern when 

operating to/from Pearson Field Runway 

26. 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f), 40103, and 

44701(a)(5) on September 29, 2015. 

Jodi S. McCarthy, 

Director, Airspace Services. 

[FR Doc. 2015–25344 Filed 10–5–15; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0388; FRL–9935–08– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Infrastructure and Interstate Transport 

State Implementation Plan for the 2010 

Sulfur Dioxide National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Federal Clean Air 

Act (CAA) the Environmental Protection 

Agency (EPA) is proposing to approve 

elements of a State Implementation Plan 

(SIP) submission from the State of Texas 

for the Sulfur Dioxide (SO2) National 

Ambient Air Quality Standards 

(NAAQS). The submittal addresses how 

the existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2010 SO2 NAAQS 

(infrastructure SIP or i-SIP). This i-SIP 

ensures that the State’s SIP is adequate 

to meet the state’s responsibilities under 

the CAA. 

DATES: Written comments must be 

received on or before November 5, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R06–OAR–2013–0388, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions. 

• Email: Nevine Salem at 

salem.nevine@epa.gov. 

• Mail or delivery: Guy Donaldson, 

Chief, Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. Deliveries are accepted 

only between the hours of 8 a.m. and 4 

p.m. weekdays, and not on legal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2013– 

0338. The 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 electronically any 

information that you consider to be CBI 

or other information whose disclosure is 

restricted by statute. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the 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 the 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional information on submitting 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nevine Salem, 214–665–7222, 

salem.nevine@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with her or Bill Deese at 

214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

On June 22, 2010, the EPA revised the 

primary SO2 NAAQS (hereafter the 2010 

SO2 NAAQS) to establish a new 1-hour 

standard, with a level of 75 parts per 

billion, based on the 3-year average of 

the annual 99th percentile of 1-hour 


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1 Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act Sections 110(a)(1) and 110(a)(2), 

Memorandum from Stephen D. Page, September 13, 

2013. 

2Additional information on: The history of SO2, 

its levels, forms and, determination of compliance; 

the EPA’s approach for reviewing i-SIPs; the details 

of the SIP submittal and the EPA’s evaluation; the 

effect of recent court decisions on i-SIPs; the statute 

and regulatory citations in the Texas SIP specific to 

this review; the specific i-SIP applicable CAA and 

the EPA regulatory citations; Federal Register 

Notice citations for Texas’ SIP approvals; Texas 

minor New Source Review program and the EPA 

approval activities; and Texas’ Prevention of 

Significant Deterioration (PSD) program can be 

found in the Technical Support Document (TSD). 

The TSD can be accessed through 

www.regulations.gov (e-docket EPA–R06–2013– 

0388). 

3The specific nonattainment area plan 

requirements of section 110(a)(2)(I) are subject to 

the timing requirements of section 172, not the 

timing requirement of section 110(a)(1). Thus, 

section 110(a)(2)(A) does not require that states 

submit regulations or emissions limits specifically 

for attaining the 2010 SO2 NAAQS. Those SIP 

provisions are due as part of each state’s attainment 

plan, and will be addressed separately from the 

requirements of section 110(a)(2)(A). In the context 

of an infrastructure SIP, the EPA is not evaluating 

the existing SIP provisions for this purpose. Instead, 

the EPA is only evaluating whether the state’s SIP 

has basic structural provisions for the 

implementation of the NAAQS. 

4A copy of TCEQ’s ambient monitoring network 

assessment and EPA’s approval letter are included 

in the docket for this proposed rulemaking. 

5See http://www.tceq.texas.gov/airquality/

monops/sites/mon_sites.html and http://

www17.tceq.texas.gov/tamis/

index.cfm?fuseaction=home.welcome. 

6As discussed in further details in the TSD. 

daily maximum concentrations (75 FR 

35520). Each state must submit the i-SIP 

within three years after the 

promulgation of a new or revised 

NAAQS. Section 110(a)(2) of the CAA 

includes a list of specific elements the 

i-SIP must meet. 

On April 23, 2013, the TCEQ 

submitted an i-SIP for the 2010 SO2

NAAQS. On September 13, 2013, the 

EPA issued guidance addressing the iSIP elements for all NAAQS.1 This 

guidance doesn’t address CAA section 

110(a)(2)(D)(i)(I), which concerns 

interstate pollution transport affecting 

attainment and maintenance of the 

NAAQS. 

The EPA is proposing approval of the 

April 23, 2013 submission for the 

applicable requirements of the 2010 SO2

NAAQS. The EPA is not proposing any 

action at this time regarding the 

interstate transport provisions portions 

of section 110(a)(2)(D)(i)(I) pertaining to 

nonattainment or interference with 

maintenance of the NAAQS in other 

States and the portion of 

110(a)(2)(D)(i)(II) regarding visibility 

protection. We intend to take action as 

to whether the Texas SIP meets the 

requirements of 110(a)(2)(D)(i)(I) in a 

later action. In a separate action, we 

proposed to disapprove the portion of 

the Texas SO2 i-SIP for CAA section 

110(a)(2)(D)(i)(II) pertaining to the 

visibility protection (79 FR 74818, 

December 16, 2014). The EPA will take 

final action on the portion of CAA 

section 110(a)(2)(D)(i)(II) pertaining to 

visibility protection of the Texas SO2 iSIP in a future rulemaking. EPA notes 

that the Agency is not approving any 

specific rule, but rather proposing that 

Texas’ already approved SIP meets 

certain CAA requirements. 

II. The EPA’s Evaluation of Texas’ 2010 

SO2 NAAQS i-SIP Submittal 

Below is a summary of the EPA’s 

evaluation of the Texas i-SIP for each 

applicable element of CAA section 

110(a)(2) A–M.2 Texas provided a 

demonstration of how the existing Texas 

i-SIP met all the requirements of the 

2010 SO2 NAAQS on May 09, 2013. 

This SIP submission became complete 

by operation of law on November 09, 

2013. See CAA section 110(k)(1)(B). 

(A) Emission limits and other control 

measures: The CAA § 110(a)(2)(A) 

requires SIPs to include enforceable 

emission limitations and other control 

measures, means or techniques 

(including economic incentives such as 

fees, marketable permits, and auctions 

of emissions rights), as well as 

schedules and timetables for 

compliance, as may be necessary or 

appropriate to meet the applicable 

requirements of this Act and other 

related matters as needed to implement, 

maintain and enforce each of the 

NAAQS.3

The Texas Clean Air Act (TCAA) 

provides the Texas Commission on 

Environmental Quality (TCEQ), its 

Chairman, and its Executive Director 

with broad legal authority. They can 

adopt emission standards and 

compliance schedules applicable to 

regulated entities; emission standards 

and limitations and any other measures 

necessary for attainment and 

maintenance of national standards; and, 

enforce applicable laws, regulations, 

standards and compliance schedules, 

and seek injunctive relief. This 

authority has been employed in the past 

to adopt and submit multiple revisions 

to the Texas State Implementation Plan. 

The approved SIP for Texas that 

satisfies the infrastructure requirements 

of CAA section 110(a)(2) for the 2010 

SO2 NAAQS is documented at 40 CFR 

part 52.2270, Subpart SS. TCEQ’s air 

quality rules and standards are codified 

at Title 30, Part 1 of the Texas 

Administrative Code (TAC). Numerous 

parts of the regulations codified into 30 

TAC necessary for implementing and 

enforcing the NAAQS have been 

adopted into the SIP. 

(B) Ambient air quality monitoring/

data system: The SIP must provide for 

establishment and implementation of 

ambient air quality monitors, collection 

and analysis of monitoring data, and 

providing such data to the EPA upon 

request. 

The TCAA provides the authority 

allowing the TCEQ to collect air 

monitoring data, quality-assure the 

results, and report the data. TCEQ 

maintains and operates a monitoring 

network to measure ambient levels of 

SO2 and submits an annual Network 

Assessment to the EPA with monitoring 

requirements. TCEQ’s 2014 Air 

Monitoring Network Plan is the most 

recent EPA-approved plan and was 

approved by the EPA on January 14, 

2015.4 All monitoring data is measured 

using the EPA approved methods and 

subject to the EPA quality assurance 

requirements. Federally required 

monitoring is conducted under an EPAapproved Quality Assurance Project 

Plan (QAPP). The TCEQ Web site 

provides the monitor locations and 

posts past and current concentrations of 

criteria pollutants measured in the 

State’s network of monitors.5 TCEQ 

submits all required data to the EPA, 

following the EPA regulations. 

Previously the Texas statewide 

monitoring network was approved into 

the SIP on March 7, 1978 (43 FR 9275). 

(C) Program for enforcement: The 

CAA § 110(a)(2)(C) requires SIPs to 

include the following three elements: (1) 

A program providing for enforcement of 

the measures in paragraph A above; (2) 

a program for the regulation of the 

modification and construction of 

stationary sources as necessary to 

protect the applicable NAAQS (i.e., 

state-wide permitting of minor sources); 

and (3) a permit program to meet the 

major source permitting requirements of 

the CAA (for areas designated as 

attainment or unclassifiable for the 

NAAQS).6

(1) Enforcement of SIP Measures. As 

noted in (A), the TCAA provides 

authority for the TCEQ, its Chairman, 

and its Executive Director to enforce the 

requirements any regulations, permits or 

final compliance orders as well as 

general enforcement powers. Among 

other things, they can file lawsuits to 

compel compliance with the statutes 

and regulations; commence civil 

actions, issue field citation; conduct 

investigations of regulated entities; 

collect criminal and civil penalties; 

develop and enforce rules and standards 

related to protection of air quality; issue 


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7The EPA is not proposing to approve or 

disapprove the existing Texas minor NSR program 

to the extent that it may be inconsistent with the 

EPA’s regulations governing this program. The EPA 

has maintained that the CAA does not require that 

new infrastructure SIP submissions correct any 

defects in existing EPA-approved provisions of 

minor NSR programs in order for the EPA to 

approve the infrastructure SIP for element C (e.g., 

76 FR 41076–41079). The EPA believes that a 

number of states may have minor NSR provisions 

that are contrary to the existing EPA regulations for 

this program. The statutory requirements of section 

110(a)(2)(C) provide for considerable flexibility in 

designing minor NSR programs. 

8As discussed further in the TSD. 

compliance orders; pursue criminal 

prosecutions; investigate, enter into 

remediation agreements; and issue 

emergency cease and desist orders. The 

TCAA also provides additional 

enforcement authorities and funding 

mechanisms. 

(2) Minor New Source Review (NSR). 

Section 110(a)(2)(C) also requires that 

the SIP include measures to regulate 

construction and modification of 

stationary sources to protect the 

NAAQS. The Texas minor NSR 

permitting requirements are approved as 

part of the SIP.7

(3) Prevention of Significant 

Deterioration (PSD) permit program. 

Texas’s PSD portion of the SIP covers all 

NSR regulated pollutants as well as the 

requirements for the 2010 SO2 NAAQS 

and has been approved by the EPA.8

Texas has a SIP-approved PSD and 

nonattainment NSR permitting program 

that contains requirement for sources of 

air pollutants to obtain an approved 

permit before beginning construction of 

a facility and before modifying an 

existing facility (79 FR 66626, 

November 10, 2014). 

(D) Interstate and international 

transport: The requirements for the 

interstate transport of SO2 emissions are 

that the SIP contain adequate provisions 

prohibiting emissions to other states 

which will (1) contribute significantly to 

nonattainment of the NAAQS, (2) 

interfere with maintenance of the 

NAAQS, (3) interfere with measures 

required to prevent significant 

deterioration or (4) interfere with 

measures to protect visibility (CAA 

110(a)(2)(D)(i)). In addition, States must 

comply with requirements to prevent 

transport of international air pollution 

(CAA section 110(a)(2)(D)(ii)). 

The Texas i-SIP submittal discussed 

the requirements of the CAA section 

110(a)(D). We plan to evaluate and take 

action on the portion of the i-SIP 

pertaining to emissions which will 

contribute significantly to 

nonattainment or interfere with 

maintenance of the NAAQS at a later 

time. As noted above, we proposed to 

disapprove the portion of the SIP 

addressing interstate transport and 

visibility protection in an earlier action 

(80 FR 74818, December 16, 2014). 

Because Texas has a fully approved 

Prevention of Significant Deterioration 

(PSD) SIP addressing all regulated new 

source review pollutants, we propose to 

approve the transport portion of the 

submittal. Revisions to the PSD SIP 

were approved on November 10, 2014 

(79 FR 66626). 

CAA section 110(a)(2)(D)(ii) requires 

that the SIP contain adequate provisions 

insuring compliance with the applicable 

requirements of section 126 (relating to 

interstate pollution abatement) and 115 

(relating to international pollution 

abatement). Texas meets the section 126 

requirements as it has a fully approved 

PSD SIP and no source or sources have 

been identified by the EPA as having 

any interstate impacts under section 126 

in any pending action related to any air 

pollutant. Texas meets the section 115 

requirements as there are no final 

findings by the EPA that Texas air 

emissions affect other countries. 

Therefore, we propose to approve the 

portion of the Texas SO2 i-SIP 

pertaining to CAA section 

110(a)(2)(D)(ii). 

(E) Adequate authority, resources, 

implementation, and oversight: The SIP 

must provide for the following: (1) 

Necessary assurances that the state (and 

other entities within the state 

responsible for implementing the SIP) 

will have adequate personnel, funding, 

and authority under state or local law to 

implement the SIP, and that there are no 

legal impediments to such 

implementation; (2) requirements 

relating to state boards; and (3) 

necessary assurances that the state has 

responsibility for ensuring adequate 

implementation of any plan provision 

for which it relies on local governments 

or other entities to carry out that portion 

of the plan. 

Both elements (A) and (E) herein 

address the requirement that there is 

adequate authority to implement and 

enforce the SIP and that there are no 

legal impediments. 

This i-SIP submission for the 2010 

SO2 NAAQS describes the SIP 

regulations governing the various 

functions of personnel within the TCEQ, 

including the administrative, technical 

support, planning, enforcement, and 

permitting functions of the program. 

With respect to funding, TCAA 

requires TCEQ establish an emissions 

fee schedule for sources in order to fund 

the reasonable costs of administering 

various air pollution control programs 

and authorizes TCEQ to collect 

additional fees necessary to cover 

reasonable costs associated with 

processing of air permit applications. 

The EPA conducts periodic program 

reviews to ensure that the state has 

adequate resources and funding to 

among other things implement and 

enforce the SIP. 

As required by the CAA, the SIP 

stipulates that any board or body, which 

approves permits or enforcement orders, 

must have at least a majority of 

members who represent the public 

interest and do not derive any 

‘‘significant portion’’ of their income 

from persons subject to permits and 

enforcement orders or who appear 

before the board on issues related to the 

CAA. The members of the board or 

body, or the head of an agency with 

similar powers, are required to 

adequately disclose any potential 

conflicts of interest. 

With respect to assurances that the 

States has responsibility to implement 

the SIP adequately when it authorizes 

local or other agencies to carry out 

portions of the plan, the Texas statutes 

and the SIP designate the TCEQ as the 

primary air pollution control agency, 

and the TCEQ maintains authority to 

ensure implementation of any 

applicable plan portion. 

(F) Stationary source monitoring 

system: The SIP must provide the 

establishment of a system to monitor 

emissions from stationary sources and 

to submit periodic emission reports. It 

must require the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources, to 

monitor emissions from sources. The 

SIP shall also require periodic reports 

on the nature and amounts of emissions 

and emissions-related data from 

sources, and require that the state 

correlate the source reports with 

emission limitations or standards 

established under the CAA. These 

reports must be made available for 

public inspection at reasonable times. 

The TCAA authorizes the TCEQ to 

require persons engaged in operations 

which result in air pollution to monitor 

or test emissions and to file reports 

containing information relating to the 

nature and amount of emissions. There 

also are SIP regulations pertaining to 

sampling and testing and requirements 

for reporting of emissions inventories. 

In addition, SIP rules establish general 

requirements for maintaining records 

and reporting emissions. 

The TCEQ uses this information, in 

addition to information obtained from 

other sources, to track progress towards 

maintaining the NAAQS, developing 

control and maintenance strategies, 

identifying sources and general 


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emission levels, and determine 

compliance with SIP regulations and 

additional EPA requirements. The SIP 

requires this information be made 

available to the public. Provisions 

concerning the handling of confidential 

data and proprietary business 

information are included in the SIP’s 

regulations. These rules specifically 

exclude from confidential treatment any 

records concerning the nature and 

amount of emissions reported by 

sources. 

(G) Emergency authority: The SIP 

must provide for authority to address 

activities causing imminent and 

substantial endangerment to public 

health or welfare or the environment 

and to include contingency plans to 

implement such authorities as 

necessary. 

The TCAA provides TCEQ with 

authority to address environmental 

emergencies, and TCEQ has contingency 

plans to implement emergency episode 

provisions. Upon a finding that any 

owner/operator is unreasonably 

affecting the public health, safety or 

welfare, or the health of animal or plant 

life, or property, TCAA authorizes 

TCEQ to, after a reasonable attempt to 

give notice, declare a state of emergency 

and issue without hearing an emergency 

special order directing the owner/

operator to cease such pollution 

immediately. The TCEQ may issue 

emergency orders, or issue or suspend 

air permits as required by an air 

pollution emergency. 

(H) Future SIP revisions: States must 

have the authority to revise their SIPs in 

response to changes in the NAAQS, 

availability of improved methods for 

attaining the NAAQS, or in response to 

an EPA finding that the SIP is 

substantially inadequate to attain the 

NAAQS. 

The TCAA authorizes the TCEQ to 

revise its SIP, as necessary, to account 

for revisions of an existing NAAQS, 

establishment of a new NAAQS, to 

attain and maintain the NAAQS, to 

abate air pollution, to adopt more 

effective methods of attaining the 

NAAQS, and to respond to the EPA SIP 

calls concerning NAAQS adoption or 

implementation. TCEQ regularly revises 

the Texas SIP in response to revisions 

of the NAAQS and the EPA rules. 

(I) Nonattainment areas: The CAA 

section 110(a)(2)(I) requires that in the 

case of a plan or plan revision for areas 

designated as nonattainment areas, 

states must meet applicable 

requirements of Part D of the CAA, 

relating to SIP requirements for 

designated nonattainment area. SIP 

revisions that implement the control 

strategies necessary to bring a 

nonattainment area into attainment of 

the NAAQSs are not required by CAA 

to be submitted within three years of the 

promulgation of a new or revised 

NAAQS. Therefore, § 110(a)(1) does not 

require this element to be demonstrated 

as part of an infrastructure SIP submittal 

(73 FR 16025, at 16206). 

(J) Consultation with government 

officials, public notification, PSD and 

visibility protection: The SIP must meet 

applicable requirements of section 121: 

(1) Relating to interagency consultation 

regarding certain CAA requirements; 

section 127 (2) relating to public 

notification of NAAQS exceedances and 

related issues; and, part C relating to (3) 

prevention of significant deterioration of 

air quality and visibility protection. 

(1) Interagency consultation: As 

required by the TCAA, there must be a 

public hearing before the adoption of 

any regulations or emission control 

requirements and all interested persons 

are given a reasonable opportunity to 

submit data, view, or arguments orally 

or in writing and to examine witnesses 

testifying at the hearing. The TCEQ has 

established public processes for all SIP 

revisions and permitting programs. The 

TCEQ consults with other agencies, 

local agencies, and governmental 

organizations, as well as with the 

environmental agencies of other states 

regarding air quality concerns. 

(2) Public Notification: This i-SIP 

submission from Texas provides the SIP 

regulatory citations requiring the TCEQ 

to regularly notify the public of 

instances or areas in which any NAAQS 

are exceeded. Included in the SIP are 

the rules for TCEQ to advise the public 

of the health hazard associated with 

such exceedances; and enhance public 

awareness of measures that can prevent 

such exceedances and of ways in which 

the public can participate in the 

regulatory and other efforts to improve 

air quality. In addition, as discussed for 

infrastructure element B above, the 

TCEQ air monitoring Web site provides 

quality data for each of the monitoring 

stations in Texas; this data is provided 

instantaneously for certain pollutants, 

such as ozone. The Web site also 

provides information on the health 

effects of lead, ozone, particulate matter, 

and other criteria pollutants. 

(3) PSD and Visibility Protection: All 

major sources in Texas are subject to 

Texas’ SIP-approved PSD program. The 

PSD requirements here are the same as 

those addressed under (C). Texas 

submitted a SIP revision to address 

Regional Haze, including a long-term 

strategy to address visibility impairment 

for each Class I area that may be 

impacted by emission from Texas 

facilities. Texas SIP requirements 

relating to visibility and regional haze 

are not affected when the EPA 

establishes or revises a NAAQS. 

Therefore, the EPA believes that there 

are no new visibility protection 

requirements due to the revision of the 

NAAQS, and consequently there are no 

newly applicable visibility protection 

obligations pursuant to infrastructure 

element (J) after the promulgation of a 

new or revised NAAQS. 

(K) Air quality and modeling/data: 

The SIP must provide for performing air 

quality modeling, as prescribed by the 

EPA, to predict the effects on ambient 

air quality of any emissions of any 

NAAQS pollutant, and for submission 

of such data to the EPA upon request. 

The TCEQ has the power and duty, 

under the TCAA to investigate and 

develop facts providing for the 

functions of environmental air quality 

assessments. Air quality modeling is 

conducted during development of 

revisions to the Texas SIP, as 

appropriate for the State to demonstrate 

attainment with required NAAQS. 

Modeling is also a part of the NSR 

permitting program. Texas has the 

ability to perform modeling for the 

primary and secondary SO2 standards 

and other NAAQS criteria pollutant on 

a case-by-case permit basis consistent 

with their SIP-approved PSD rules and 

with the EPA guidance. Upon request, 

Texas will submit current and future air 

quality modeling data to the EPA. 

(L) Permitting Fees: The SIP must 

require each major stationary source to 

pay permitting fees to the permitting 

authority, as a condition of any permit 

required under the CAA, to cover the 

cost of reviewing and acting upon any 

application for such a permit, and, if the 

permit is issued, the costs of 

implementing and enforcing the terms 

of the permit. The fee requirement 

applies until a fee program established 

by the state pursuant to Title V of the 

CAA, relating to operating permits, is 

approved by the EPA. 

The TCEQ assesses fees for reviewing 

permit applications and for enforcing 

the terms and conditions of permits. See 

element (E) above for the description of 

the mandatory collection of permitting 

fees outlined in the SIP. 

(M) Consultation/participation by 

affected local entities: The SIP must 

provide for consultation and 

participation by local political 

subdivisions affected by the SIP. 

The TCEQ has several cooperative 

agreements and Memoranda of 

Understanding with various other state 

and local agencies and organizations. 

Consultation with a variety of different 

organizations is a regular part of the 

TCEQ process for developing a SIP. See 


rmajette on DSK7SPTVN1PROD with PROPOSALS
60318 Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Proposed Rules 

element J herein for a discussion of the 

SIP’s public participation process, the 

authority to advise and consult, and the 

PSD SIP’s public participation 

requirements. Additionally, the TCAA 

also requires initiation of cooperative 

action between local authorities and the 

TCEQ, between one local authority and 

another, or among any combination of 

local authorities and the TCEQ for 

control of air pollution in areas having 

related air pollution problems that 

overlap the boundaries of political 

subdivisions, and entering into 

agreements and compacts with 

adjoining states and Indian tribes, where 

appropriate. 

III. Proposed Action 

The EPA is proposing to approve the 

April 23, 2013, infrastructure SIP 

submission from Texas, which 

addresses the requirements of CAA 

sections 110(a)(1) and (2) as applicable 

to the 2010 SO2 NAAQS. Specifically, 

the EPA is proposing to approve the 

following infrastructure elements, or 

portions thereof: 110(a)(2)(A), (B), (C), 

(D)(i)(II) (PSD portion), D(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M). The EPA 

is not proposing action on: The portion 

pertaining to section 110(a)(2)(D)(i)(I), 

which concerns interstate pollution 

transport affecting attainment and 

maintenance of the NAAQS and the 

portion pertaining to section 

110(a)(2)(D)(i)(II) pertaining to visibility 

protection. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. 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 CAA; and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The EPA is not proposing to approve 

this infrastructure SIP certification to 

apply on any Indian reservation land or 

in any other area where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, this proposed approval 

of an infrastructure SIP certification 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it 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, 

Sulfur dioxide reporting and 

recordkeeping requirements. 

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

Dated: September 22, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–25337 Filed 10–5–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0530; FRL–9935–06– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Maryland’s Negative 

Declaration for the Automobile and 

Light-Duty Truck Assembly Coatings 

Control Techniques Guidelines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Maryland. This revision pertains to a 

negative declaration for the Automobile 

and Light-Duty Truck Assembly 

Coatings Control Techniques Guidelines 

(CTG). This action is being taken under 

the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before November 5, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2015–0530 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–2015–0530, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

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–2015– 

0530. 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 


rmajette on DSK7SPTVN1PROD with PROPOSALS