ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-0AR-2007-021O; FRL - ]

Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to

Emissions Inventory Reporting Requirements and Conformity of General Federal Actions,

Including Revisions Allowing Electronic Reporting Consistent with 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

submitted by 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 of general

federal actions to SIPs. The revisions on emissions inventories allow the state to collect

additional data related to emissions from stationary sources and contain requirements for sources

in regions that are in violation of a national ambient air quality standard (NAAQS) to report

typical daily emissions of carbon monoxide and ozone precursor gases during the winter and

summer months, respectively. The revisions also allow for electronic reporting of documents

required under federally authorized programs and designated state programs, including emissions
inventories from stationary sources. The revisions to regulations on conformity of general 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 of publication in the

Federal Register] without further notice, unless EPA receives relevant adverse comment by

[Insert date 30 days from date of publication 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 Docket No. 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 "Contact Us" 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.

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· 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 of 8:00am and 4:00pm weekdays except for

legal holidays. Special arrangements should be made for deliveries of boxed information.

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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 of your

comment. If you 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. If you submit

an electronic comment, EPA recommends that you include your name and other contact

information in the body of your comment and with any disk or CD-ROM you submit. IfEPA

cannot read your comment due to technical difficulties and cannot contact you for clarification,

EPA may not be able to consider your comment. Electronic files should avoid the use ofspecial

characters, any form of encryption, and be free of any 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

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whose 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 of 8:30am and 4:30pm 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. Ifpossible, 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 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.

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SUPPLEMENTARY INFORMATION

Throughout this 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 of air pollutants and

conformity of general 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 of General Federal Actions to State

Implementation Plans submitted December 1999; and

• The creation ofChapter 19, Electronic Reporting (30 TAC 19) submitted February 2007.

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This approval does not address the revision of 30 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 of additional 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 correct title 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 of General

Federal Actions to State Implementation Plans".

EPA is publishing this rule without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules

section ofthis Federal Register publication, we are publishing a separate document that will

serve as the proposal to approve the SIP revision ifrelevant adverse comments are received.

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This rule will be effective on [FEDERAL REGISTER OFFICE: insert date 60 days from

date of publication 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 comment period 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 of an 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)

established by 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 of air 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 other provisions 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 other enforceable documents, and supporting information such as emissions

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inventories, 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 of air

pollutants and conformity of general Federal actions to SIPs. The revisions to 30 TAC 101.10,

emissions inventory requirements: (1) allow the state to collect additional data related to

emissions from stationary sources, (2) contain requirements for sources in regions that are in

violation of a NAAQS to report typical daily emissions of carbon 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 if a change in operating

conditions results in a change from the most recently submitted emissions data of at least 5 tons

per year in total annual emissions of volatile organic compounds, NOx, CO, S02, Pb, or PM, (5)

require submission of calculations representative of emission 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 of general federal actions to SIPs, (30 TAC

101.30), are non-substantive changes. Definitions in the regulation were moved to another part

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ofthe 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 CROMERR requires 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 of emissions 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 of the Revision?

EPA has evaluated the state's submittals that pertain to (1) reporting of emissions and

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emission-related data by stationary sources of air pollutants, (2) conformity of general 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, after the 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 please refer 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,

provided that 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:

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• is not a "significant regulatory action" subject to review by the Office ofManagement

and Budget under Executive Order 12866 (58 FR 51735, October 4, 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

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) 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

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(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 other required information to the U.S. Senate, the

U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to

publication ofthe rule in the Federal Register. A major rule cannot take effect until 60 days after

it is published in the Federal Register. This action is not a "major rule" as defined by 5 U.S.C.

804(2).

Under section 307(b)(l) ofthe Clean Air Act, petitions for judicial review ofthis action

must be filed in the United States Court of Appeals for the appropriate circuit by [FEDERAL

REGISTER OFFICE: insert date 60 days from date of publication of this 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 ofjudicial review nor does it extend the

time within which a petition for judicial 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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Listof Subjects 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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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 FR page 

number where 

document begins 

Section 19.3 Applicability 2/7/2007 [Insert date of 

FR publication] 

[Insert FR page 

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 FR page 

number where 

document begins 

Section 19.12 Authorized 

Electronic 

Signature 

2/7/2007 [Insert date of 

FR publication] 

[Insert FR page 

number where 

document begins 

Section 19.14 Enforcement 2/7/2007 [Insert date of 

FR publication] 

[Insert FR page 

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 FR page 

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 FR page 

number where 

document begins

* * * * * * *