ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-0AR-2007-021O; FRL - ] 

### Approval and Promulgation ofAir Quality Implementation Plans; Texas; Revisions to Emissions Inventory Reporting Requirements and Conformity ofGeneral Federal Actions, Including Revisions Allowing Electronic Reporting Consistentwith the Cross Media Electronic Reporting Rule

AGENCY: Environmental Protection Agency (EPA).



### ACTION: Direct final rule.



### SUMMARY: EPA is approving Texas State Implementation Plan (SIP) revisions that were submittedby the Governor ofTexas and by the Texas Commission on Environmental Quality (TCEQ) respectively on December 17, 1999 and February 26, 2007. The revisions pertain to regulations on reporting air pollution emissions (emission inventories), and conformity ofgeneral federal actions to SIPs. The revisions on emissions inventories allow the state to collect additional data related to emissions from stationary sources and containrequirements for sources in regions that are in violation ofa national ambient air quality standard (NAAQS) to report typical daily emissions ofcarbon monoxide and ozone precursor gases during the winter and

summermonths, respectively. The revisions also allow for electronic reporting ofdocuments required under federally authorized programs and designated state programs, including emissionsinventories from stationary sources. The revisions to regulations on conformity ofgeneral federal actions to SIPs are non-substantive. EPA is approving the revisions pursuant to Section 110, part D ofthe Federal Clean Air Act (CAA).



### DATES: This rule is effective on 

### [Insert date 60 

### days from date ofpublication in the Federal Register] without further notice, unless EPA receives relevant adverse comment by 

### [Insert date 30 

### days from date ofpublication in the Federal Register]. IfEPA receives such comment, EPA will publish a timely withdrawal in the 

### Federal Register informing the public that this rule will not take effect.



### ADDRESSES: Submit your comments, identified by DocketNo. EPA-R06-0AR-2007.,021O, by one ofthe following methods: · Federal eRulemaking Portal: 

### http://www.regulations.gov. Follow the on-line instructions for submitting comments. · EPA Region 6 "ContactUs" web site: 

### http://epa.gov/region6/r6coment.htm. Please click on "6PD" (Multimedia) and select "Air" before submitting comments. · E-mail: Mr. Guy Donaldson at 

### Donaldson.guy@epa.gov. Please also send a copy by email to the person listed in the 

### FOR FURTHER INFORMATION CONTACT section below. · Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), at fax number 214- 665-7263. · Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. 

### 2· Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only between the hours of8:00am and 4:00pm weekdays except for legal holidays. Special arrangements should be made for deliveries ofboxed information. 

# Bd Instructions: Direct your comments to Docket ID No. EPA-R06-0AR-2007-rt-02l0. 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 e-mail. The www.regulations.gov website is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body ofyour comment. Ifyou send an e-mail comment directly to EPA without going through www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. Ifyou submit

an electronic comment, EPA recommends that you include your name and other contact information in the body ofyour comment and with any disk or CD-ROM you submit. IfEPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consideryour comment. Electronic files should avoid the use ofspecial characters, any form ofencryption, and be free ofany defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information
3whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of8:30am and 4:30pm weekdays except for legal holidays. Contactthe person listed in the 

### FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an appointment. Ifpossible, please make the appointment at least two working days in advance ofyour visit. There will be a 15 cent per page fee for making photocopies ofdocuments. On the day ofthe visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. The State submittal is also available for public inspection at the State Air Agency listed below during official business hours by appointment: Texas Commission on Environmental Quality, Office ofAir Quality, 12124 Park 35 Circle, Austin, Texas 78753.



### FOR FURTHER INFORMATION CONTACT: Emad Shahin, Air Planning Section (6PDL), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6717; fax number 214-665-7263; e-mail address shahin.emad@epa.gov.



### 4

### SUPPLEMENTARY INFORMATION Throughoutthis document, whenever "we", "us", or "our" is used, we mean the EPA. 

### Outline I. What Action is EPA Taking? II. What is a SIP? III. What is the Background for this Action? IV. What is EPA's Evaluation ofthe Revision? V. Statutory and Executive Order Reviews



### I. What Action is EPA Taking?

EPA is approving revisions to the Texas SIP that pertain to regulations on reporting of emissions (emissions inventories) submitted by stationary sources ofair pollutants and conformity ofgeneral Federal actions to SIPs. Revisions were adopted by the State ofTexas on December I, 1999 and submitted to EPA Region 6 on December 17, 1999. Additional revisions to the emissions inventory regulations were adopted on February 7,2007 and submitted to EPA on February 26,2007. Specifically we are approving:

• Revisions to 30 TAC 101.10 Emissions Inventory Requirements, submitted December 1999;

• Revisions to 30 TAC 101.30, Conformity ofGeneral Federal Actions to State Implementation Plans submitted December 1999; and • The creation ofChapter 19, Electronic Reporting (30 TAC 19) submitted February 2007.
5This approval does not address the revision of30 TAC 101.1 (Definitions) and adding of 30 TAC 101.28 (Stringency Determination for Federal Operating Permits) which were submitted

on December 17, 1999. The revisions to section 101.1 were later superceded by revisions adopted by Texas on September 26,2001 and approved by EPA on November 14,2001 (66 FR 57252). Because the December 17, 1999 revisions 101.1 were superceded by the 2001 submission which has already been approved, no action or review is needed here. EPA intends to take action on 30 TAC 101.28 at a later time. A more complete description ofthe revisions is available in the Technical Support Document (TSD) posted on www.regulations.gov. We are approving the revisions pursuant to Section 110, part D ofthe CAA. The reporting ofadditional emissions and emissions-related data will help to achieve and continue to maintain the NAAQS in Texas. Regulated entities that submit emissions inventories will be allowed to do so electronically. Approving these revisions and the administrative changes to the general conformity rule will make the federal SIP consistent with the state's rules. We are also making a ministerial correction to the table in 40 CFR 52.2270(c) to reflect the correcttitle ofthe EPA approved regulation in the Texas SIP. The ministerial correction applies to the table entry for Section 101.30, which should be titled "Conformity ofGeneral Federal Actions to State Implementation Plans". EPA is publishing this rule withoutprior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposedrules section ofthis Federal Register publication, we are publishing a separate documentthat will serve as the proposal to approve the SIP revision ifrelevant adverse comments are received.
6This rule will be effective on [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublication in the Federal Register] without further notice unless we receive relevant adverse comment 

### by [FEDERAL REGISTER OFFICE: insert date 30 days from date of publication in the Federal Register]. Ifwe receive relevant adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second commentperiod on this action. Any parties interested in commenting must do so now. Please note that ifwe receive adverse comment on an amendment, paragraph, or section ofthis rule and ifthat provision may be severed from the remainder ofthe rule, we may adopt as final those provisions ofthe rule that are not the subject ofan adverse comment. II. What is a SIP Section 110ofthe.CAA requires states to develop air pollution regulations and control strategies to ensure that air quality meets the national ambient air quality standards (NAAQS) establishedby EPA. NAAQS are established under section 109ofthe CAA and currently address six criteria pollutants: carbon monoxide (CO), nitrogen dioxide, ozone, lead (Pb), particulate matter (PM), and sulfur dioxide (S02). A SIP is a set ofair pollution regulations, control strategies, other means or techniques, and technical analyses developed by the state, to ensure that the state meets the NAAQS. It is required by section 110and otherprovisions ofthe CAA. A SIP protects air quality primarily by addressing air pollution at its point oforigin. A SIP can be extensive, containing state regulations or otherenforceable documents, and supporting information such as emissions 

### 7inventories, monitoring networks, and modeling demonstrations. Each state must submit regulations and control strategies to EPA for approval and incorporation into the federallyenforceable SIP.

III. What is the Background for this Action

On December 17, 1999, the Governor ofTexas submitted rules for inclusion into the SIP which amended regulations on emissions inventories submitted by stationary sources ofair pollutants and conformity ofgeneral Federal actions to SIPs. The revisions to 30 TAC 101.10, emissions inventory requirements: (1) allow the state to collect additional datarelated to emissions from stationary sources, (2) contain requirements for sources in regions that are in violation ofa NAAQS to reporttypical daily emissions ofcarbon monoxide and ozone precursor gases during the winter and summer months, respectively, (3) delete a requirement to report allowable emissions in the emissions inventory report, (4) add a requirement for facilities to report actual emissions for the statewide annual inventory update ifa change in operating conditions results in a change from the most recently submitted emissions data ofat least 5 tons per year in total annual emissions ofvolatile organic compounds, NOx, CO, S02, Pb, or PM, (5) require submission ofcalculations representative ofemission producing processes where continuous emission monitoring system data is not available, and (6) remove obsolete language that referred to inventory requirements due in 1992 and 1993. The revisions to the regulation on conformity ofgeneral federal actions to SIPs, (30 TAC 101.30), are non-substantive changes. Definitions in the regulation were moved to another part 8ofthe Texas Administrative Code (30 TAC 101.1, Definitions) or were deleted ifthey were already part ofthe Code. On October 13,2005 EPA published the final Cross Media Electronic Reporting Rule (CROMERR) in the Federal Register, (70 FR 59848). CROMERR establishes electronic reporting as an acceptable regulatory alternative to paper reporting and establishes requirements to assure that electronic documents are as legally dependable .astheir paper counterparts. Subpart D ofthe CROMERRrequires states, tribal or local government agencies that receive or wish to receive electronic reports under their EPA-authorized programs to apply to EPA for a revision to those programs and get EPA's approval. On February 26,2007 Texas submitted to EPA revisions to the emissions inventory reporting regulations. The revisions allow for electronic reporting ofemissions consistent with CROMERR. On October 14,2008, the Texas Commission on Environmental Quality (TCEQ) submitted two applications to EPA for approval under CROMERR; one for their Net Discharge Monitoring Report (NetDMR) and the second, for the State ofTexas Environmental Electronic Reporting System (STEERS) electronic document receiving systems for revision or modification ofmultiple authorized programs under 40 CFR parts 51, 60, 63, 70, 123, 142,233--404,271,281, and 403. EPA approved the applications and published a Federal Register notice on April 27, 2009 (74 FR 19082) to allow electronic reporting for specific authorized programs under Title 40.



### IV. What is EPA's Evaluation ofthe Revision? EPA has evaluated the state's submittals that pertain to (1) reporting ofemissions and 

### 9emission-related data by stationary sources ofair pollutants, (2) conformity ofgeneral Federal actions to SIPs, and (3) allowing electronic reporting into Texas' SIP, and have determined that they meet the applicable requirements ofthe CAA and EPA air quality regulations because they

are consistent with EPA's requirements for emissions reporting, conformity, and electronic reporting. (For further information on our evaluation see the TSD for this action). This approval will make these revised regulations federally enforceable. Enforcement ofthe regulations in a state SIP before and after it is incorporated into the federally approved SIP is primarily a state responsibility. However, afterthe regulations are federally approved, we are authorized to take enforcement action against violators. Citizens are also offered legal recourse to address violations as described in Section 304 ofthe CAA. Approval will also help make the federally approved SIP consistent with state regulations. For additional information on our evaluation pleaserefer to the Technical Support Document found in the electronic docket.

VI. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.c. 741O(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, providedthat they meet the criteria ofthe Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

10• is not a "significantregulatory action" subject to review by the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October4, 1993);

• does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 et seq.); . • is certified as not having a significant economic impact on a substantial number ofsmall 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 (Public Law 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 subjectto Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subjectto Executive Order 13211 (66 FR 28355, May 22,2001); • is not subject to requirements ofSection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose 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 11(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 submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this action and otherrequired information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States priorto publication ofthe rule in the Federal Register. A major rule cannot take effectuntil 60 days after it is published in the Federal Register. This action is not a "majorrule" as defined by 5 U.S.C. 804(2). Under section 307(b)(l) ofthe Clean Air Act, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuitby [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublication ofthis document in the Federal Register]. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis action for the purposes of judicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness ofsuch rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

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### ListofSubjects in 40 CFRPart52 Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 

# -4*-

Dated: Regional Administrator, Region 6

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### 14 40 CFR part 52 is amended as follows: PART 52 - [AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority:42 U.S.C. 7401 et seq. Subpart SS — Texas 2. The first table in § 52.2270(c) titled “EPA Approved Texas Regulations” is amended by: a. immediately before the heading “Chapter 101 – General Air Quality Rules” adding a new centered heading in numerical order for “Chapter 19 – Electronic Reporting”; followed by a centered heading for “Subchapter A – General Provisions”; followed by entries for Sections 19.1 and 19.3; followed by a centered heading for “Subchapter B – Electronic Reporting Requirements”; followed by entries for Sections 19.10, 19.12, and 19.14. b. revising the entries for Sections 101.10 and 101.30 under “Chapter 101 – General Air Quality Rules”. The additions and revisions read as follows:
§ 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 19 – Electronic Reporting Subchapter A – General Provisions

### 15 Section 19.1 Definitions 2/7/2007 [Insert date of FR publication] [Insert FRpage number where document begins Section 19.3 Applicability 2/7/2007 [Insert date of FR publication] [Insert FRpage number where document begins Subchapter B – Electronic Reporting Requirements Section 19.10 Use of Electronic Document Receiving System 2/7/2007 [Insert date of FR publication] [Insert FRpage number where document begins Section 19.12 Authorized Electronic Signature 2/7/2007 [Insert date of FR publication] [Insert FRpage number where document begins Section 19.14 Enforcement 2/7/2007 [Insert date of FR publication] [Insert FRpage number where document begins Chapter 101 – General Air Quality Rules Subchapter A – General Rules * * * * * * * Section 101.10 Emissions Inventory Requirements 12/1/1999 [Insert date of FR publication] [Insert FRpage number where document begins * * * * * * * Section 101.30 Conformity of General Federal Actions to State Implementation Plans 12/1/1999 [Insert date of FR publication] [Insert FRpage number where document begins * * * * * * *