Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Rules and Regulations 69773 

loose items, can be commingled in the 

same sack. Labels (facing slips) are not 

required on any bundles. Containers 

other than sacks are not authorized 

unless other equipment is specified by 

the acceptance office—for example, 

nonpresorted letter-size mail may be 

presented in trays if authorized by the 

acceptance office. The maximum weight 

of any container is 66 pounds. 

b. Worldwide Nonpresort Container 

Label. A mailer who claims the ISC drop 

shipment price and enters the mail at an 

authorized drop shipment location 

under 293.532 is not required to prepare 

container labels. A mailer who claims 

the full-service price must complete 2- 

inch container labels (and insert them 

into the applicable container label 

holder) as follows (see Exhibit 293.483 

for the list of U.S. Exchange Offices): 

Line 1: Appropriate U.S. Exchange 

Office and Routing Code 

Line 2: Contents WKG 

Line 3: Mailer, Mailer Location 

Example: ISC MIAMI FL 33112, ISAL— 

WKG, ABC COMPANY MIAMI FL. 

* * * * * 

297 Customized Agreements 

297.1 Description 

[Revise 297.1 to read as follows:] 

The Postal Service provides Global 

Expedited Package Services (GEPS) 

customized agreements to Priority Mail 

Express International, Priority Mail 

International, and First-Class Package 

International Service customers 

pursuant to the terms and conditions 

stipulated between the Postal Service 

and a particular customer. 

* * * * * 

3 Extra Services 

* * * * * 

370 International Money Transfer 

Services 

* * * * * 

372 Sure Money (DineroSeguro) 

* * * * * 

372.2 Options and Restrictions 

The following restrictions apply to 

Sure Money service: 

[Revise item a to read as follows:] 

a. The maximum purchase per day is 

$1,500. 

* * * * * 

372.3 Fees 

[Revise 372.3 to read as follows:] 

See Exhibit 372.3 for the fees for Sure 

Money service. 

Exhibit 372.3 

FEES FOR SURE MONEY SERVICE

Transaction type Amount not 

over Fee 

Sales ................. $750 $11.00 

$1,500 $16.50 

Refunds ............ $1,500 $26.00 

Change of 

Payee ............ $1,500 $12.00 

* * * * * 

Individual Country Listings 

* * * * * 

Mexico 

* * * * * 

Priority Mail Express International 

(220) Price Group 2 

[Revise the table to read as follows 

(increasing the maximum weight limit to 

70 pounds):] 

Refer to Notice 123, Price List, for the applicable retail, Commercial Base, or Commercial Plus price. 

Weight Limit: 70 lbs. 

* * * * * Priority Mail International (230) Price 

Group 2 

[Revise the table to read as follows 

(increasing the maximum weight limit to 

70 pounds):] 

Refer to Notice 123, Price List, for the applicable retail, Commercial Base, or Commercial Plus price. 

Weight Limit: 70 lbs. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 20 to reflect 

these changes. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2013–27710 Filed 11–20–13; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R06–OAR–2006–0593; FRL–9903–00– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; Control 

of Air Pollution by Permits for New 

Construction or Modification; Permits 

for Specific Designated Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking a direct final 

action to approve portions of two 

revisions to the Texas State 

Implementation Plan (SIP) concerning 

the Permits for Specific Designated 

Facilities Program, also referred to as 

the FutureGen Program. EPA has 

determined that the portions of these 

SIP revisions specific to the FutureGen 

Program submitted on March 9, 2006 

and July 2, 2010, comply with the Clean 

Air Act and EPA regulations and are 

consistent with EPA policies. This 

action is being taken under section 110 

and parts C and D of the Act. 

DATES: This direct final rule is effective 

on January 21, 2014 without further 

notice, unless EPA receives relevant 

adverse comment by December 23, 

2013. If EPA receives such comment, 

EPA will publish a timely withdrawal in 


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69774 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Rules and Regulations 

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–2006–0593, 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) 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–2006– 

0593. 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– 

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: 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). To inspect the 

hard copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

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? 

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 two revisions to the 

Texas State Implementation Plan (SIP) 

concerning the Permits for Specific 

Designated Facilities Program, also 

referred to as the FutureGen Program. 

EPA has determined that the portions of 

these SIP revisions specific to the 

FutureGen Program submitted on March 

9, 2006 and July 2, 2010, comply with 

the Clean Air Act and EPA regulations 

and are consistent with EPA policies. 

This action is being taken under section 

110 and parts C and D 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 this action 

and our accompanying technical 

support documents (TSD), we are 

finding this action noncontroversial 

because the FutureGen permitting and 

public notice provisions can no longer 

be used in Texas, but we are proceeding 

with a final action to fulfill our statutory 

obligations under the CAA. 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 January 21, 2014 without 

further notice unless we receive relevant 

adverse comment by December 23, 

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? 

FutureGen is a United States 

Department of Energy (DOE) program 

designed to promote the advancement 

and development of new technologies. 

FutureGen refers to a combination of 

technologies for carbon sequestration, 

carbon dioxide enhanced oil recovery, 

electric generation, and hydrogen 

production. FutureGen is a technology 

demonstration project that is a 

partnership between industry 

participants and the DOE. 

The 79th Texas Legislature passed 

House Bill 2201 (HB 2201) in 2005, and 

concluded that the FutureGen 

technology demonstration project could 

result in major economic, social and 

environmental benefits for Texas. In 

order to help Texas compete for federal 

funding associated with the FutureGen 

Project, the Texas Legislature passed HB 

2201 to provide for streamlined 

permitting by specifically exempting 

FutureGen projects from the contested 

case hearing process. 

March 9, 2006 SIP Submittal 

Pursuant to the directive of Texas HB 

2201, on February 22, 2006, the TCEQ 

adopted the new provisions to Chapter 

116 to establish streamlined permitting 

procedures and rules for the FutureGen 

Project. At the same time, the TCEQ also 

adopted public participation provisions 

for the FutureGen Project to provide for 

the exemption from contested case 

hearing. These new provisions were 

submitted to EPA as a SIP revision on 

March 9, 2006 by the Chairman of the 

TCEQ, Ms. Kathleen Hartnett White, as 

Rule Project No. 2005–053–091–PR. 

July 2, 2010 SIP Submittal 

The TCEQ subsequently adopted 

revisions to the public notice provisions 

for the entirety of the Texas Air Permit 

program on June 2, 2010. The Chairman 

of the TCEQ, Mr. Bryan W. Shaw, Ph.D., 

submitted these revised public 

participation rules as a revision to the 

Texas SIP on July 2, 2010 as part of Rule 


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Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Rules and Regulations 69775 

1EPA proposed approval of revised public notice 

rules for Texas air permitting on December 13, 

2012. See 77 FR 74129. 

Project No. 2010–004–039–LS. On this 

date, the TCEQ also withdrew the 

previous public notice SIP submittals, 

including the FutureGen specific public 

notice provisions submitted on March 9, 

2006. Therefore, the public notice 

provisions specific to the FutureGen 

Program that remain before EPA for 

action were submitted on July 2, 2010. 

The July 2, 2010 SIP submittal 

established the public participation 

provisions for the majority of the Texas 

air permitting programs, including 

applications for the FutureGen Program. 

On December 13, 2012, EPA proposed 

approval of most of the public 

participation rules submitted on July 2, 

2010. See 77 FR 74129. However, in that 

proposed approval we severed and took 

no action on the portions of the public 

notice provisions establishing 

applicability and response to comment 

provisions specific to FutureGen 

Program applications at 30 TAC 

39.402(a)(10), 39.419(e)(3) and 

39.420(h). We deferred action on these 

provisions until such time as we 

evaluated the underlying permit 

provisions for the FutureGen Program at 

30 TAC Chapter 116, Subchapter L. See 

77 FR 74129. EPA is addressing the July 

2, 2010, submittal of 30 TAC 

39.402(a)(10), 39.419(e)(3) and 39.420(h) 

through today’s direct final action. 

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. 

Our evaluation shows that a 

FutureGen Project could be a PSD, 

NNSR or minor NSR source; therefore, 

we reviewed the program against the 

federal permitting and public notice 

requirements and the existing SIPapproved provisions in Texas. The 

FutureGen permitting provisions require 

an applicant to demonstrate compliance 

with all requirements for PSD and 

NNSR permitting; which would require 

the FutureGen applicant to also comply 

with the public notice rules applicable 

to PSD and NNSR permitting.1

Additionally, the FutureGen permitting 

provisions require an applicant to 

demonstrate protection of public health 

and welfare by complying with the 

Texas Health and Safety Code and all 

applicable rules and regulations of the 

TCEQ. Accordingly, we find that the 

FutureGen Program permitting and 

public notice rules as submitted March 

9, 2006 and July 2, 2010 are consistent 

with the requirements of the CAA and 

EPA’s regulations, and protect the 

integrity of the Texas SIP. 

Since the adoption of Texas HB 2201 

and the adoption and submittal of the 

associated Texas SIP provisions, the 

FutureGen Project has been awarded to 

the State of Illinois. Additionally, the 

DOE decided to stop funding the 

FutureGen Project in 2008. On August 5, 

2010, the DOE introduced FutureGen 

2.0; a reinvention of the original 

FutureGen Project concept still planned 

for Illinois. Therefore, the submitted 

rules establishing the permitting and 

public notice rules for the FutureGen 

Project likely will not be used in Texas 

because the underlying FutureGen 

Project is not in existence in Texas. 

EPA, however, has a statutory 

obligation to review and act upon SIP 

submittals pursuant to CAA 110(k). 

Because the State of Texas submitted 

the regulatory provisions for the 

FutureGen Project for approval into the 

Texas SIP, and has not subsequently 

requested to withdraw the program from 

our consideration, we are required to 

take action even though the program is 

superfluous to the SIP. Our authority 

under CAA 110(k)(4) does not provide 

us the ability to disapprove a program 

solely because it is no longer needed. 

Neither can we take steps to return the 

superfluous provisions to the state 

absent a direct request. Therefore, EPA 

must proceed with this proposed action 

to satisfy our obligations under the 

CAA. 

IV. Final Action 

Under section 110 and parts C and D 

of the Act, and for the reasons stated 

above, EPA is taking direct final action 

to approve revisions to the Texas SIP 

submitted on March 9, 2006 and July 2, 

2010 for the Permits for Specific 

Designated Facilities Program, or the 

FutureGen Project, as consistent with 

the CAA and EPA’s policy and 

guidance. Specifically, EPA is 

approving the following new provisions 

establishing the FutureGen permitting 

requirements as submitted on March 9, 

2006: 30 TAC 116.1400, 116.1402, 

116.1404, 116.1406, 116.1408, 116.1410, 

116.1414, 116.1416, 116.1418, 116.1420, 

116.1422, 116.1424, 116.1426 and 

116.1428. EPA is approving the new 

provisions establishing the FutureGenspecific public notice provisions at 30 

TAC 39.402(a)(10), 39.419(e)(3) and 

39.420(h) as submitted on July 2, 2010. 

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 


tkelley on DSK3SPTVN1PROD with RULES
69776 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Rules and Regulations 

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 January 21, 2014. 

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: November 1, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

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. In section 52.2270(c) the table titled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended as follows: 

■ a. Immediately following the entry for 

Section 19.14, by adding a new centered 

heading ‘‘Chapter 39—Public Notice’’ 

followed by a new centered heading 

‘‘Subchapter H—Applicability and 

General Provisions’’ followed by new 

entries for Sections 39.402, 39.419, and 

39.420; and 

■ b. Under Chapter 116 (Reg 6)—Control 

of Air Pollution by Permits for New 

Construction or Modification, 

immediately following the entry for 

Section 116.931, by adding a new 

centered heading for ‘‘Subchapter L— 

Permits for Specific Designated 

Facilities’’ followed by new entries for 

Sections 116.1400, 116.1402, 116.1404, 

116.1406, 116.1408, 116.1410, 116.1414, 

116.1416, 116.1418, 116.1420, 116.1422, 

116.1424, 116.1426 and 116.1428. 

The additions 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 39—Public Notice 

Subchapter H—Applicability and General Provisions 

Section 39.402 ........... Applicability to Air Quality Permits and 

Permit Amendments.

6/2/2010 11/21/2013 [Insert FR page number 

where document begins].

SIP only includes 

39.402(a)(10). 

Section 39.419 ........... Notice of Application and Preliminary 

Determination.

6/2/2010 11/21/2013 [Insert FR page number 

where document begins].

SIP only includes 

39.419(e)(3). 

Section 39.420 ........... Transmittal of the Executive Director’s 

Response to Comments and Decision.

6/2/2010 11/21/2013 [Insert FR page number 

where document begins].

SIP only includes 

39.420(h). 

* * * * * * * 

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

*******

Subchapter L—Permits for Specific Designated Facilities 

Section 116.1400 ....... Purpose ................................................ 2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1402 ....... Applicability ........................................... 2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1404 ....... Permit Required .................................... 2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1406 ....... Compliance History .............................. 2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1408 ....... Definitions ............................................. 2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1410 ....... Emissions Profile for FutureGen 

Projects.

2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1414 ....... Applications for Facilities that are 

Components of a Designated Project.

2/22/2006 11/21/2013 [Insert FR page number 

where document begins].


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Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Rules and Regulations 69777 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

Section 116.1416 ....... Public Notice ......................................... 2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1418 ....... Public Participation ............................... 2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1420 ....... Permit Fee ............................................ 2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1422 ....... General and Special Conditions ........... 2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1424 ....... Amendments and Alterations of Permits Issued Under This Subchapter.2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1426 ....... Renewal of Permits Issued Under This 

Subchapter.

2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

Section 116.1428 ....... Delegation ............................................. 2/22/2006 11/21/2013 [Insert FR page number 

where document begins].

* * * * * * * 

[FR Doc. 2013–27991 Filed 11–20–13; 8:45 am] 

BILLING CODE 6560–50–P 


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