Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations 55221 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a safety zone and, 

therefore it is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0685 to read as 

follows: 

§ 165.T09–0685 Safety Zone; Red Bull 

Flugtag, Chicago, IL. 

(a) Location. This safety zone will 

encompass all waters of Lake Michigan 

in the vicinity of Burnham Park, within 

an imaginary box bounded by the 

following points: beginning on shore at 

41°49′38′′ N, 87°35′56′′ W, then north 

east to 41°49′39′′ N, 87°35′54′′ W, then 

north west to 41°49′44′′ N, 87°35′59′′ W, 

then south west to shore at 41°49′43′′ N, 

87°36′02′′ W, then southeast along the 

shoreline to the point of origin (NAD 

83). 

(b) Effective and enforcement period. 

This section is effective and will be 

enforced from 10:30 a.m. until 4 p.m. on 

September 21, 2013. 

(c) Regulations. (1) Under the general 

regulations in § 165.23, entry into, 

transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port, 

Lake Michigan or his designated onscene representative. 

(2) The safety zone described in 

paragraph (a) of this section is closed to 

all vessel traffic, except as may be 

permitted by the Captain of the Port, 

Lake Michigan or his designated onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port, Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port, 

Lake Michigan to act on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Lake 

Michigan or his on-scene representative 

to obtain permission to do so. The 

Captain of the Port, Lake Michigan or 

his on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port, Lake Michigan, or 

his on-scene representative. 

Dated: August 22, 2013. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2013–21925 Filed 9–9–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0335; FRL–9900–82– 

Region6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Procedures for Stringency 

Determinations and Minor Permit 

Revisions for Federal Operating 

Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking a direct final 

action to approve portions of three 

revisions to the Texas State 

Implementation Plan (SIP) concerning 

the Texas Federal Operating Permits 

Program. EPA has determined that these 

SIP revisions, submitted on December 

17, 1999, October 4, 2001 and August 

11, 2003, comply with the Clean Air Act 

and EPA regulations and are consistent 

with EPA policies. This action is being 

taken under section 110 of the Act. 

DATES: This direct final rule is effective 

on November 12, 2013 without further 

notice, unless EPA receives relevant 

adverse comment by October 10, 2013. 

If EPA 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 ID No. EPA–R06– 

OAR–2010–0335, by one of the 

following methods: 

(1) www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

(2) Email: Ms. Adina Wiley at 

wiley.adina@epa.gov. 

(3) Fax: Ms. Adina Wiley, Air Permits 

Section (6PD–R), at fax number 214– 

665–6762. 

(4) Mail or Delivery: Ms. Adina Wiley, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2010– 

0335. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or CD– 


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55222 Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations 

1Note that the Texas Natural Resource 

Conservation Commission (TNRCC) was a 

predecessor to the current Texas environmental 

agency, the Texas Commission on Environmental 

Quality. This analysis will identify the TNRCC 

when talking about a specific action taken by the 

TNRCC such as rule adoption and SIP submittal, 

but will generally refer to the TCEQ when 

discussing current duties of the state environmental 

agency. 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information the disclosure of which 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 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 FOIA 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 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. A 15 cent 

per page fee will be charged for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area on the seventh 

floor at 1445 Ross Avenue, Suite 700, 

Dallas, Texas. 

The State submittals related to this 

SIP revision, and which is part of the 

EPA docket, 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 of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

direct final action, please contact Ms. 

Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, Texas 

75202–2733, telephone (214) 665–2115; 

fax number (214) 665–6762; email 

address wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. What action is EPA taking? 

II. What did Texas submit? 

A. Stringency Determinations for Federal 

Operating Permits at 30 TAC 101.28 

B. Minor Permit Revisions Procedures for 

Federal Operating Permits at 30 TAC 

122.215–122.218 

III. EPA’s Evaluation 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is taking a direct final action to 

approve portions of three revisions to 

the Texas State Implementation Plan 

(SIP) concerning the Texas Federal 

Operating Permits Program. EPA has 

determined that these SIP revisions, 

submitted on December 17, 1999, 

October 4, 2001 and August 11, 2003, 

comply with the Clean Air Act and EPA 

regulations and are consistent with EPA 

policies. This action is being taken 

under section 110 of the Act. 

We are publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no relevant adverse 

comments. As explained in our 

accompanying technical support 

documents (TSD), we are finding this 

action noncontroversial because the 

provisions for the Stringency 

Determination for Federal Operating 

Permits at 30 TAC 101.28 have been in 

effect in Texas since December 23, 1999, 

and the minor permit revision 

procedures for the Texas Federal 

Operating Permit Program have been in 

effect in Texas since June 3, 2001 and 

December 11, 2002, without any 

negative impact to attainment or 

maintenance of any National Ambient 

Air Quality Standard in Texas. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on November 12, 2013 

without further notice unless we receive 

relevant adverse comment by October 

10, 2013. If we 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 if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

II. What did Texas submit? 

A. Stringency Determinations for 

Federal Operating Permits at 30 TAC 

101.28 

December 17, 1999 SIP Submittal 

In a letter dated December 17, 1999, 

Governor George W. Bush submitted 

revisions to the Texas SIP at Rule Log 

No. 99017–101–AI that were adopted by 

the Texas Natural Resources 

Conservation Commission (TNRCC) on 

December 1, 1999, and became effective 

on December 23, 1999.1 This SIP 

submittal included revisions to the 

following parts of the Texas 

Administrative Code, Title 30, Chapter 

101: 

1. Revisions to the General Air 

Quality Definitions at 30 TAC 101.1; 

2. Revisions to Emissions Inventory 

Requirements at 30 TAC 101.10; 

3. New provisions for Stringency 

Determinations for Federal Operating 

Permits at 30 TAC 101.28; and 

4. Revisions to Conformity of General 

Federal and State Actions to State 

Implementation Plans at 30 TAC 101.30. 

Today’s direct final action and 

accompanying proposal only addresses 

the submittal of 30 TAC 101.28. The 

revisions to the General Air Quality 

Definitions at 30 TAC 101.1 were 

superceded by EPA’s November 14, 

2001 approval of the Definitions 

adopted on September 26, 2001. See 66 

FR 57252. EPA approved the revisions 

to the Emissions Inventory 

Requirements at 30 TAC 101.10 and the 

revisions to Conformity of General 

Federal and State Actions to State 

Implementation Plans at 30 TAC 101.30 

on July 23, 2010. See 75 FR 43062. This 

review will be the first time EPA has 

evaluated and taken action on the 

December 17, 1999, submittal of 30 TAC 

101.28. TCEQ has made no revisions to 

30 TAC 101.28 since the initial adoption 

and submittal of the regulatory language 

as a SIP revision. 

B. Minor Permit Revisions Procedures 

for Federal Operating Permits Program 

at 30 TAC 122.215–122.218 

The permitting provisions for minor 

permit revisions in the Texas Federal 

Operating Permits Program are found at 


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Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations 55223 

30 TAC 122.215–122.218. These 

provisions generally identify what 

permitting actions constitute a minor 

permit revision and detail the 

application procedures for said minor 

permit revisions under the Texas 

Federal Operating Permits Program. The 

TCEQ initially adopted the revisions at 

30 TAC 122.215–122.218 in response to 

our June 7, 1995, Federal Register 

notice (60 FR 30037), where EPA 

identified several inconsistencies 

between Texas’s Chapter 122 Federal 

Operating Permits Program and Part 70, 

including the provisions for minor 

permit revisions. TCEQ amended 30 

TAC 122.215–122.218 to ensure Chapter 

122 is consistent with 40 CFR 

70.7(e)(2)(i). These amendments were 

adopted by the state on May 9, 2001, 

and submitted to EPA for inclusion in 

the Texas Title V Operating Permit 

program on May 30, 2001. EPA 

published approval of these revisions 

into the Federal Operating Permit 

program on December 6, 2001 (66 FR 

63318), based on our determination that 

TCEQ had corrected the deficiencies 

identified in Chapter 122, including 

those pertaining to the minor permit 

revisions. TCEQ subsequently adopted 

amendments to 30 TAC 122.217 

regarding minor permit procedures on 

November 20, 2002. These amendments 

removed an obsolete reference to the 

monitoring process for general operating 

permits and renumbered the section for 

consistency. These amendments to 30 

TAC 122.217 were submitted to EPA as 

revisions to the Texas Title V Operating 

Permit Program on December 9, 2002. 

EPA published approval of these 

revisions into the Federal Operating 

Permit program on March 30, 2005 (70 

FR 16134). 

While EPA has reviewed and 

approved the amendments to sections 

30 TAC 122.215–122.218 into the Texas 

Operating Permit Program, this review 

marks the first time that EPA has taken 

action on these sections as revisions to 

the Texas SIP. In doing so, we are acting 

on the original SIP submission of 

October 4, 2001, and the subsequent 

revisions through the August 11, 2003 

SIP submittal. 

October 4, 2001 SIP Revision Submittal 

In a letter dated October 4, 2001, 

Governor Rick Perry submitted revisions 

to the Texas SIP at Rule Log No. 2000– 

043–122–AI that were adopted by the 

TNRCC on May 9, 2001, and became 

effective on June 3, 2001. The following 

parts of the Texas Administrative Code, 

Title 30, Chapter 122 were submitted in 

this SIP submittal. Note that no other 

revisions were adopted or submitted to 

the Texas SIP in this rule package. 

1. Minor permit revisions at 30 TAC 

122.215, 

2. Applications for Minor Permit 

Revisions at 30 TAC 122.216, 

3. Procedures for Minor Permit 

Revisions at 30 TAC 122.217, and 

4. Minor Permit Revision Procedures 

for Permit Revisions Involving the Use 

of Economic Incentives, Marketable 

Permits and Emissions Trading at 30 

TAC 122.218. 

August 11, 2003 SIP Revision Submittal 

In a letter dated August 11, 2003, Mr. 

Robert J. Huston, Chairman of the 

TNRCC, submitted revisions to the 

Texas SIP at Rule Log No. 2002–056– 

122–AI for 30 TAC 122.217—Procedures 

for Minor Permit Revision. The revision 

to 30 TAC 122.217 was adopted by the 

TNRCC on November 20, 2002, and 

became effective on December 11, 2002. 

Note that no other revisions were 

adopted or submitted to the Texas SIP 

in this rule package. 

III. EPA’s Evaluation 

We provide our evaluation for this 

rulemaking in this section. Additional 

information to support our evaluation is 

available in the TSDs for this 

rulemaking, which are available in the 

rulemaking docket. 

December 17, 1999 Submittal of 30 TAC 

101.28 

The TCEQ adopted these provisions 

as a result of the guidance provided by 

EPA in our March 5, 1996 ‘‘White Paper 

Number 2 for Improved Implementation 

of the Part 70 Operating Permits 

Program’’ (WP2). In WP2, EPA explains 

that EPA and the state permitting 

authorities have developed different and 

often overlapping applicable 

requirements for stationary source 

control. This results in some emissions 

units at stationary sources being 

subjected to multiple requirements— 

some of which may be duplicative or 

contradictory. To reduce the permit 

burden on the sources, the state 

permitting authorities, and the EPA 

Regional Offices, EPA provided 

guidance in WP2 on how best to 

streamline these multiple requirements 

into one requirement that is at least as 

stringent as the most stringent limit. 

Generally, the streamlined monitoring, 

recordkeeping, and reporting 

requirements would generally be those 

associated with the most stringent 

emission limit, providing that the 

streamlined requirements would assure 

compliance to the same extent as the 

subsumed requirements. 

EPA finds that the new provisions 

adopted at 30 TAC 101.28 are 

substantively similar to the guidance 

provided to states in WP2. As such, the 

stringency determination provisions are 

approvable. 

October 4, 2001 and August 11, 2003 

Submittal of 30 TAC 122.215–122.218 

Because of the different CAA 

requirements and authorizations 

surrounding each program, EPA 

generally prefers to not approve a state’s 

Title V permitting provisions into the 

applicable SIP. However, there are 

instances where approving a portion of 

the Title V program into the SIP is 

appropriate and necessary to ensure 

proper functionality for both the Title I 

and V permitting programs. For 

instance, EPA approved the ‘‘potential 

to emit’’ provisions at 30 TAC 122.122 

into the Texas SIP on November 14, 

2003 (see 68 FR 64543). In this instance, 

EPA required TCEQ to revise the 

‘‘potential to emit’’ provisions through 

our January 7, 2002, Notice of 

Deficiency of the Texas Title V program; 

we further required that the corrected 

PTE provisions be submitted as 

revisions to both the Texas SIP and Title 

V programs. 

The TCEQ adopted revisions to the 

Texas Title V minor permit provisions 

at 30 TAC 122.215–122.218 to satisfy 

inconsistencies identified by EPA June 

7, 1995, in the Texas part 70 program. 

After correcting the deficiencies and 

adopting revised rules at 30 TAC 

122.215–122.218, the TCEQ has 

submitted and requested Title V and SIP 

approval. EPA has already evaluated 

and approved the revisions into the 

state’s part 70 program. We now address 

whether these provisions should be SIPapproved. 

The TCEQ has requested SIP approval 

because of 30 TAC 122.218; which 

provides that minor permit procedures 

may be used for emission trading 

programs and other similar approaches 

only to the extent that such minor 

permit revision procedures are explicitly 

provided for in the Texas SIP or in the 

applicable requirements promulgated by 

the EPA. 

Texas has several emissions trading 

programs approved into the Texas SIP, 

but none of these programs explicitly 

provide for the use of Title V minor 

permit revision procedures. Our 

analysis and approval of each of these 

state trading programs, found that 

through approval of the trading 

programs into the Texas SIP, these 

programs themselves would become 

applicable requirements under the 

approved Texas part 70 program. Since 

the programs themselves do not provide 

for the use of minor permit revisions 

under title V, the minor permit revision 

procedures in the part 70 program must 


rmajette on DSK2TPTVN1PROD with RULES
55224 Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations 

be explicitly included in the SIP to 

ensure the Texas sources participating 

in the SIP-approved trading programs 

can use the minor permit revision 

mechanisms. 

IV. Final Action 

EPA is taking direct final action to 

approve revisions to the Texas SIP 

submitted on December 17, 1999, 

October 4, 2001 and August 11, 2003 as 

consistent with the CAA and EPA’s 

policy and guidance. Specifically, EPA 

is approving new 30 TAC 101.28 as 

adopted on December 1, 1999 and 

submitted on December 17, 1999. EPA 

is approving revisions to 30 TAC 

Sections 122.215, 122.216, 122.217 and 

122.218 as adopted on May 9, 2001 and 

submitted on October 4, 2001. EPA is 

also approving revisions to 30 TAC 

122.217 as adopted on November 20, 

2002 and submitted on August 11, 2003. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this 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 

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 by 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 November 12, 

2013. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposed 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, 

Reporting and recordkeeping 

requirements. 

Dated: August 28, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 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(c) is amended by 

adding to the table titled ‘‘EPA 

Approved Regulations in the Texas 

SIP’’: 

■ a. A new entry in numerical order for 

Section 101.28 under the existing 

headings for Chapter 101—General Air 

Quality Rules and Subchapter A— 

General Rules. 

■ b. A new centered heading at the end 

of the table for Subchapter C—Initial 

Permit Issuances, Revisions, Reopening, 

and Renewals under Chapter 122 

Federal Operating Permits Program, 

followed by a new centered heading for 

Division 2—Permit Revisions and new 

sub entries for Sections 122.215, 

122.216, 122.217 and 122.218. 

The additions read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations 55225 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

*******

Chapter 101—General Air Quality Rules 

Subchapter A—General Rules 

*******

Section 101.28 ........... Stringency Determination for Federal Operating Permits.12/1/1999 9–10–13 [Insert FR page number where 

document begins].

*******

Chapter 122—Federal Operating Permits Program 

*******

Subchapter C—Initial Permit Issuances, Revisions, Reopening, and Renewals 

Division 2—Permit Revisions 

Section 122.215 ......... Minor Permit Revisions ............................ 5/9/2001 9–10–13 [Insert FR page number where 

document begins].

Section 122.216 ......... Applications for Minor Permit Revisions .. 5/9/2001 9–10–13 [Insert FR page number where 

document begins].

Section 122.217 ......... Procedures for Minor Permit Revisions ... 11/20/2002 9–10–13 [Insert FR page number where 

document begins].

Section 122.218 ......... Minor Permit Revision Procedures for 

Permit Revisions Involving the Use of 

Economic Incentives, Marketable Permits, and Emissions Trading.

5/9/2001 9–10–13 [Insert FR page number where 

document begins].

* * * * * 

[FR Doc. 2013–21868 Filed 9–9–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0800; FRL–9900–69- 

Region9] 

Determination of Attainment for the 

Chico Nonattainment Area for the 2006 

Fine Particle Standard; California; 

Determination Regarding Applicability 

of Clean Air Act Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

determine that the Chico nonattainment 

area in Butte County, California has 

attained the 2006 24-hour fine particle 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS or standard). This 

determination is based upon complete, 

quality-assured, and certified ambient 

air monitoring data showing that this 

area has monitored attainment of the 

2006 24-hour PM2.5 NAAQS based on 

the 2010–2012 monitoring period. Based 

on the above determination, the 

requirements for this area to submit an 

attainment demonstration, together with 

reasonably available control measures, a 

reasonable further progress (RFP) plan, 

and contingency measures for failure to 

meet RFP and attainment deadlines are 

suspended for so long as the area 

continues to attain the 2006 24-hour 

PM2.5 NAAQS. 

DATES: This rule is effective on October 

10, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0800 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps, multi-volume 

reports), and some may not be publicly 

available in either location (e.g., 

Confidential Business Information). To 

inspect the hard copy materials, please 

schedule an appointment during normal 

business hours with the contact listed in 

the FOR FURTHER INFORMATION CONTACT

section. 

FOR FURTHER INFORMATION CONTACT: John 

Ungvarsky, (415) 972–3963, or by email 

at ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

EPA. 

Table of Contents 

I. Summary of EPA’s Proposed Action 

II. Public Comments 

III. EPA’s Final Action 

IV. Statutory and Executive Order Reviews 

I. Summary of EPA’s Proposed Action 

On October 30, 2012 (77 FR 65651), 

EPA proposed to determine that the 

Chico nonattainment area in California 

has attained the 2006 24-hour NAAQS 

for fine particles (generally referring to 

particles less than or equal to 2.5 

micrometers in diameter, PM 2.5). The 

2006 24-hour PM2.5 NAAQS is 35 

micrograms per cubic meter (mg/m3), 

based on a 3-year average of the 98th 

percentile of 24-hour concentrations. 

The Chico PM2.5 nonattainment area 

includes the southwestern two-thirds of 

Butte County, California. Butte County 

lies in the central portion of northern 

California’s Sacramento Valley Air 

Basin, which stretches from Sacramento 

County in the south to Shasta County in 

the north. 


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